Penegakan Syariat Islam di Indonesia [The Enforcement of Islamic Sharia in Indonesia]

Abstract

A work by Dr. Rifyal Ka'bah, M.A. (1948–2014), an expert in Islamic law and later a justice of the Supreme Court (Mahkamah Agung) of the Republic of Indonesia, on the prospects for and means of enforcing Islamic sharia within the framework of the Indonesian state based on the rule of law. Written during the reformasi era, when demands for the implementation of sharia grew stronger and Aceh obtained special autonomy to implement Islamic sharia, this book explains the meanings of sharia, fiqh, and Islamic law; the history of the position of Islamic law from the sultanate and colonial periods; the debate over the Jakarta Charter (Piagam Jakarta); and the development of legislation such as the Religious Courts Act, the Compilation of Islamic Law (Kompilasi Hukum Islam), and laws on zakat, waqf, hajj, and Islamic banking. Rifyal argues that the enforcement of sharia in Indonesia proceeds gradually through constitutional channels and national legislation, not through a change to the foundations of the state, so that Islamic law becomes one of the sources for the formation of national law. The book is a reference for studies of the politics of Islamic law, the religious courts, and the implementation of sharia in Aceh.