Strategic Position of Islamic Law in National Legal System
Image


Constitutional Justice Wahiduddin Adams delivering a keynote speech at the 3rd International Conference on Humanity, Law, and Sharia (ICHLASH) at the Sharia Faculty of UIN Mahmud Yunus Batusangkar, West Sumatera, Wednesday (6/14/2023). Photo by Humas MK/Bayu.

JAKARTA (MKRI) — Constitutional Justice Wahiduddin Adams delivered a keynote speech on “The Recognition, Adoption, and Adjustment of Islamic Law” at the 3rd International Conference on Humanity, Law, and Sharia (ICHLASH) on “Islamic Law and The Development of Human Civilization: Recognition, Integration, and Re-contextualization” at the Sharia Faculty of UIN (State Islamic University) Mahmud Yunus Batusangkar, West Sumatera virtually on Wednesday, June 14, 2023. Abdurrahman Raden  Aji Haqqi of Sulthan Syarif Islamic University, Brunei Darusslam;  Suliman Hassan Elwarfali  of Alrefak University, Libya; Fithria  Wardi of Universiti  Sains Islam, Malaysia; Dina Afrainty of the University of Melbourne, Australia; Noorhaidi  Hasan of UII (Islamic University of Indonesia) Indonesia; and Elimartati of UIN Mahmud Yunus Batusangkar also delivered presentation at the event.

Justice Wahiduddin said in Indonesia, Islamic law occupies an important and strategic position in the national legal system. There is appreciation for the implementation of Islamic law in the national law. This, he continued, can be seen from the fourth paragraph of the Preamble to the 1945 Constitution, which is one of the sources of inspiration and ideals of Indonesian law, and Article 29 of the 1945 Constitution. Through these, he said, the state is present to guarantee the basic rights of the population to carry out their respective religious worship. In other words, the state recognizes, protects, and provides services for citizens so that the implementation of religious teachings and Islamic law can run, both through written and unwritten law. 

Justice Wahiduddin said in Indonesia there are at least two groups that represent points of view in the enactment of Islamic law: those that emphasize the normative approach and those that emphasize the cultural approach. In his view, the second group is the more suitable first step in legislating Islamic law in Indonesia. This is because if you want to create a civil society, you do not have to immediately apply Islamic law while the concept you want to apply is not yet detailed.  The most important thing, according to him, is to adopt positive moral values that are applied.

Furthermore, he said in Indonesia there are several factors facilitating the legislation of Islamic law: the majority of Indonesia’s population is Muslim so fighting for Islamic law in national law is likely to get the support of the majority of the people; religious awareness has an influence on legal awareness, so Islamic law should be the awareness of the majority of the people; and at the constitutional juridical level, based on the first precept of Pancasila and Article 29 of the 1945 Constitution, Islamic law is part of national law and must be accommodated in the development of national law. In addition, the Indonesian political system provides opportunities for the growth and development of Islamic political aspirations, including the aspiration to legislate Islamic law.

“Questioning the adoption of Islamic law in national law, which can be seen from the spirit of unity in diversity within the framework of the Unitary State of the Republic of Indonesia.  This happens because Islamic law is able to bring benefits to mankind and the universe so there will be no discrimination against citizens of different cultures and religions,” said Justice Wahiduddin from his office at the Court’s main building in Jakarta.

UIN Mahmud Yunus faculty members also attended the international conference: rector Marjoni Imamora, Sharia Faculty dean Zainuddin and his deputy deans.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.


Wednesday, June 14, 2023 | 13:51 WIB 71