Sharia in Secular State The Place and Models for Practicing Islamic Law in Indonesia

Syarif, Nurrohman and Arifin, Tajul and Al Hakim, Sofian (2017) Sharia in Secular State The Place and Models for Practicing Islamic Law in Indonesia. In: ICSE 2017 - The 2nd International Conference on Sociology Education, 2017, Bandung.

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Abstract

In Islam, the complexity and uniqueness of relation of state and religion can be traced back in history of the relation of Islamic law and state. The purpose of this study is to describe the place of Islamic law in Unitary State of Republic Indonesia and the models or alternatives that can be used to practice Islamic law. This research is a kind of non doctrinal qualitative legal research which included some problems, policy and law reform based research. The subject of this study is the substance and norms of sharia that has been accommodated by Indonesia legal system or has been applied through its protection. Data was collected from the book or documents. From this study, it can be concluded that although officially, Indonesia is not religious state, philosophically the purpose of sharia has been accommodated in Indonesia legal system, legally there is no obstacle to absorb sharia values and norms into positive law as long as it is not contrary to the constitution. This study also concluded that practically, there are some alternatives that can be used by Muslims in practicing sharia. This result implies that there is no need for Muslim to establish an Islamic theocratic state in order to practice comprehensive sharia

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