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REASONS of the EXISTENCE of I SLAMIC LAW in L AW SCHOOL CURRICULUM

Discover the historical, population, juridical, constitutional, and scientific reasons behind the incorporation of Islamic law into law school curricula in Indonesia. Gain insights on the theoretical foundations, challenges, and practical applications of Islamic law within the legal system.

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REASONS of the EXISTENCE of I SLAMIC LAW in L AW SCHOOL CURRICULUM

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  1. REASONS of the EXISTENCE of ISLAMIC LAW in LAW SCHOOL CURRICULUM INTERNATIONAL CLASS FACULTY OF LAW-UNIVERSITAS INDONESIA

  2. HISTORICAL REASON • Islamic law has been taught in all Law School established by the Dutch colonizer earlier. • This tradition was continued by the Law School which was established after the independence of Indonesia.

  3. REASON OF POPULATION • The majority of Indonesia's population is Muslim, so that the State administration officials are always equipped with the knowledge of institutional and Islamic law.

  4. JURIDICIAL REASON In Indonesia, Islamic law is applied in: • normatively • formal juridically

  5. Normative implementation means that the enforcement of Islamic Law depends on the awareness of the society itself. • Formal juridical implementation means that Islamic law have become a part of positive law or as designated by legislation, eg Marriage Law, the Law on Management of Zakat, and so forth.

  6. CONSTITUTIONAL REASON • Article 29 paragraph (1) of the 1945 Constitution states that the State (Republic of Indonesia), based on the principle of Belief in God Almighty.

  7. Hazairin interpret this article include: • There should not force something that is contrary to the rules of Islam to Muslims, or that are contrary to the rules of evangelism for Christians, or that are contrary to the rules of the Hindu religion for Hindu-Bali, or contrary to Buddhism rules for Buddhists. • State shall perform the Islamic Shari'a for Muslims, Christians jus for Christian, the Hindu jus for Hindus, Buddhists jus for Buddhists, as long as the implementation of religious law requires the help of State officials power.

  8. Scientific Reason • Islamic law has been studied scientifically for a long time, whether by Muslims or not, with different purposes.Western people studied Islam for the purposes below:

  9. Snouck Hurgronje with histheory of reception and Islam Policy is one of western leaders who is quite famous and his works are still read today, although not all of his thesis is obtained by the correct method. • The method to learn the true Islamic Law requires a special understanding and approach because Islamic Law is covering al areas of life and living, including the so-called law in European legal system as well as other matters outside the so-called law. • As a discipline that stands alone, in the list of Field Code or Discipline of Science and Technology of UNESCO, it called Islamic Law with code number: 5606.01.

  10. Theory of reception Although acceptable in theory, Islamic Law is often violated in practice. In Islamic society, which often applies is customary law. Therefore, Islamic Law doesn’t need to be codified because it will be a bid’ah (reforming Islam without referring to the Al Quran and Al-Hadith) and also inhibits the force of customary law.

  11. Anti-thesis of the theory of reception H.M. Rasjidi stated that: • Everywhere, including in our country, the law is accepted in theory, but due to various factors, it is often violated in practice, not only by people who do not know and understand the law, but also by law enforcement officer. It happens to all legal systems. • Not all reforms are bid’ah. Bid’ah is reforming worship to God such as sholat.

  12. Principals of Islam Policy (1) Concerning the affairs ubudiyah (worship), the Dutch government should provide the widest freedom. The ban will only make the Muslim fanatics and potentially cause danger to the Dutch government. But if they feel free, they will neglect their own or at least they do not feel that they are ruled by people of other faiths.

  13. Principals of Islam Policy (2) In muamalah affairs (community relationship), the Dutch government must respect the institutions (of law) that already exist (which is placed under the supervision of the head of customs and the kings of their own), while opening opportunities for Muslim to walk slowly towards the Dutch . Theseefforts should be encouraged, especially in Muslim children thus releasing them from the elements of Islam (Islam geemancipeerd van het stelsel), in order to create a tight relationship between the population of Indonesia by Dutch intelligence.

  14. Principals of Islam Policy (3) Anything related to political affairs should be resisted. The Dutch government should eradicate the ideals of Pan-Islamism that is about to open the door for foreign powers to influence the Dutch government's relations with the people of the East.For this purpose, use the entire apparatus and power tools.

  15. Thank You!

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