Prophetic Law and Social Engineering: The Interaction between Religious Legal System and Customary Local System in Respect to Maintain and Promote Religious Values in Indonesian National Legal System
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Jawahir Thontowi
Wildan Syahamata Ady
Nooraini Dyah Rahmawati
Mahrus Ali
Legal system development certainly cannot be separated from sociological developments that include customs, norms, culture, and religion. In terms of rapid economic development, no doubt, a country is required to have a rule of law that can accommodate these needs and could cover various sociological spectrums that exist and are constantly changing within its people. Indonesia as a country with the largest Muslim majority in the world, while the notion of the whole state is based on Pancasila with diverse customs and cultural norms is certainly faced with several challenges, one of which is the transformation and the implementation of living law that includes religious, as well as indigenous law into a state law. The field of economics as an example of a social event that continues to revolve, will significantly be affected in the development of legal and social science. Sharia law is no longer a codification of exclusive law limited to certain groups of people but has become a general rule not only in Indonesia but also internationally with the existence of Islamic banking system. This phenomenon certainly changes the view of the legal order that applies in society if the change is assessed through the eyes of the sociology of law in Indonesia.
Al-Maliki, Abdurrahman (2009), Political Economics of Islam, Translation by Ibnu Sholah, Bogor: Al-Azhar Press.
Alim, Muhammad, (2010) Shariah-based Regional Regulations and Its Relationship with the Constitution”, Journal of Law Ius Quiai Iustum, FH UII, No. 1 Vol. 17.
Amirudin and Asikin, H. Zainal (2004), Introduction to Legal Research Methods, Jakarta: PT Raja Grafindo Persada.
Arif Setiawan, M. . (2022). Arrest and Detention in Indonesian Criminal Procedure Code under Human Rights Perspective. International Journal of Social Science, Education, Communication and Economics (SINOMICS JOURNAL), 1(2), 153–162. https://doi.org/10.54443/sj.v1i2.15
Asshiddiqie, Jimly, (2002), Consolidation of the Manuscripts of the 1945 Constitution After the Fourth Amendment, Jakarta: PSHTN FH UI, p. 21.
Azizi, A. Qodri, (2004), Eclecticism of National Law, Competence Between Islamic Law and General Law, Yogyakarta: Gama Media.
Dewar, John, and Hussain, Munib. The Islamic Finance and Markets Law Review: United Kingdom.https://thelawreviews.co.uk/title/the-islamic-finance-and-markets-law-review/united-kingdomaccessed on 13 October 2022.
Fitrandasari, Zavirani, and Muhtadi, Ridan and Nafik HR, Moh., (2019) “Shari'a Regional Regulations in Efforts to Increase Sharia Economic Competitiveness”, Jurisdictie: Jurnal Hukum dan Syariah Vol. 10 No.1
Fuad, M. Fahimul, (2012) “Thought and Codification of Islamic Law Reform in Indonesia”, Istinbath Journal, Lampung: Stain Metro, Vol. 9 No. 2
Fuad, Mahsun, (2005), Indonesian Islamic Law: from Participatory Reasoning to Emancipatory Reason, Yogyakarta: LKIS.
Goodhart, Sandors, (2020), The Prophetic Law: Essah in Judaism, Giradianism, Literarty Studies, and the Ethical, Michigan: Michigan State University Press.
Hanafi, H., Hidayatullah, H., & Tamjidnor, T. (2022). Domestic Violence: Comparison between Islamic Law and Domestic Violence. International Journal of Social Science, Education, Communication and Economics (SINOMICS JOURNAL), 1(1), 1–8. https://doi.org/10.54443/sj.v1i1.1
Hasan, Ahmadi, (2017), History of Sharia Economic Law Legislation in Indonesia, Yogyakarta: LKIS.
Istanto, F. Sugeng, (2007), Legal Research, Yogyakarta: CV. Double.
Kusumaatmadja, Mochtar, (1990), Law, Society, and Development, Bandung: Binacipta.
Muhtada, Dani, (2014), “The Mechanisms of Policy Diffusion: A Comparative Study of Shari'a Regulations in Indonesia”, Dissertation Sumitted to The Graduate School, Department of Political Science, Northern Illinois University.
Munawar, Ahmad, (2007). The Phenomenon of Shari'ah Regional Regulations: Identity Institutions at the Local State Level”, Journal of Sociology of Religion, Volume I, No. 1
Murdoko, (2019), Regional Regulations with Religious Value in Aceh and Bali, Yogyakarta: CV Kanca Baba Adirasa.
Raharjo, Satjipto, (2006), Legal Studies, Bandung: Citra Aditya Bakti.
Rahman, Fazlur, (1997), Islam, Chicago: University of Chicago Press.
Rasjidi, Lili and Rasjidi, Ira Thania, (2007), Fundamentals of Philosophy and Legal Theory, Bandung: Citra Aditya Bakti.
Soekanto, Soerjono, (2010). Introduction to Legal Research. Jakarta: UI Press.
Suadi, Amran, and Candra, Mardi, (2016), Legal Politics Perspective of Islamic Civil and Criminal Law and Sharia Economics, Jakarta: Kencana.
Thontowi, Jawahir, (2020) Understanding Contemporary Law, Yogyakarta: UII Press.
Werner, Menski, (2019), Comparative Law in the Global Context of European, Asian, and African Systems, Bandung: Nusa Media.
