Constitutional Justice Arsul Sani delivering a public lecture at the University of Quranic Studies (PTIQ) Friday (10/25/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Constitutional Justice Arsul Sani said that the Court's ruling on petitions for the review of norms in laws, particularly those related to Islamic law, must take Islamic law into consideration. Therefore, he emphasized, the Court's ruling must not conflict with Islamic law.

"The Court, in its various rulings, especially those related to Islamic law, also takes Islamic law into account. This means that the Court's ruling must not conflict with Islamic law," said Arsul during his public lecture at the Universitas Perguruan Tinggi Ilmu Al-Qur'an (PTIQ) Jakarta on Friday, October 25, 2024.

The position of Islamic law in the Court's rulings can be studied through Ruling Number 19/PUU-VI/2008 regarding the review of Law Number 3 of 2006 on Amendments to Law Number 7 of 1989 on Religious Courts. This ruling state that Islamic law is a source of national law, but it is not the only source, as customary law, Western law, and other sources of legal traditions also contribute to national law.

Furthermore, Arsul explained that Islamic law, as a source of law, can be used alongside other sources of law to form the basis for the creation of legislation that becomes national law. "Therefore, Islamic law can be one of the materials for the formation of legislation," Arsul stated.

So far, the Court has made several rulings related to religious teachings, particularly Islamic law. The Court has positioned Islamic law as an important legal source in formulating the legal considerations in its decisions.

Arsul added that the Court is committed to protecting constitutional rights, including the freedom of religion and the practice of religious teachings, as well as supporting the development of Islamic economics. The Court respects the authority of religion in providing explanations and interpretations of religious teachings.

"As a country founded on the principle of Belief in One God, it is undeniable that Indonesia must act in accordance with the moral values of religion. As a consequence, within certain limits, the state must participate in religious matters," wrote Arsul in his book *Hubungan Islam dan Perjalanan Indonesia* (The Relationship between Islam and the Journey of Indonesia).

During the event, the Court and PTIQ University Jakarta signed a memorandum of understanding (MoU) aimed at improving the public's understanding of constitutional rights and enhancing the quality of higher legal education. The scope of the MoU includes organizing education and training to increase public awareness of constitutional rights, as well as conducting research, community service, and improving human resource quality.

Author            : Mimi Kartika
Editor            : N. Rosi
Translator       : Agusweka Poltak Siregar (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.

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