PROBLEMATIKA LEGISLASI HUKUM ISLAM MENJADI HUKUM POSITIF DI INDONESIA.

BAKHTIAR, BAKHTIAR (2014) PROBLEMATIKA LEGISLASI HUKUM ISLAM MENJADI HUKUM POSITIF DI INDONESIA. Working Paper. Pasca Sarjana Unand. (Unpublished)

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Abstract

The writers is very interested to talk about this title because seeing the reality in the field. Where the Moslems condition before the Indevedent of Indonesia, the have struggled as hard as possible to make Islamic law become as law fundamental in Indonesia. Part of this struggle has succeed. But, another of them stil unsucceed, one of them is Family Law. For Moslem the Family Law (one of them is marriage law). Is one the part that can’t be separated from religion life, because the Family Law is not only manage the relation between the human beeing, but it is fully by religion grade, meanwhile it become a wonder that can be struggled forever. But., the history informed us that the struggle to that position is always fail. It proofs from 1946 through regulation (undang-undang) number 22, 1946 about the information marriage, divorce, and rujuk, furthermore at 1950 through draf of Law (RUU) the marriage of Moslems, and the last at 1991 when the Campilation of Islamic Law. There are many of fail that be found can make the Moslems become disappointed. Beside that, one aspect that can make them sad appearance of national marriage that applied in all of the aspects of Law number 1 at 1974. This phenomenon can caused the sympatic of the writer for searching forther and describe to the public cavtion of the Islamic law can not be the positive law in Indonesia, specially Family Law, it related to that the background of the apprearance of law number 1 at 1974 and apprearance of President Intruction number 1 at 1991 about Compilation of Islamic Law. Based on the researching, there are three of Phenomena that can be background of apprearance of law number 1 at 1974 and President Intruction number 1 at 1991, and this one of cavtion of difticultres in applying the Family Islamic Law become national law. Firstly, the needs of the nation and association is always different, nation has the duty to manage its association to follow the national law without any discrimition , and the association has important to manage their own family based on their believe. Secondly, The different ideas among internal Moslems. Thirdly, The influence of internal and external politic Indonesia that is appearanced with many definitions. Suchas; the destroy of nation, the was of among religion. The unconnected between Pancasila and Islam. Eventhoug all of them is only the issues.

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