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THE STRUGGLE BETWEEN POLITICAL AND IDEOLOGICAL OVER THE IMPLEMENTATION SHARIA-NUANCED REGIONAL REGULATION
Author(s) -
Musahadi Ham
Publication year - 2020
Publication title -
petita
Language(s) - English
Resource type - Journals
eISSN - 2549-8274
pISSN - 2502-8006
DOI - 10.22373/petita.v5i1.97
Subject(s) - sharia , ideology , islam , law , political science , politics , presidential system , sociology , geography , archaeology
The positivation of Sharia (Islamic law) is an important topic that remains interesting to raise when discussing the institutionalization of Sharia in Indonesia. This topic is also a significant theme in the discussions of Islamic law in other parts of the Islamic world. How to make Islamic law as legal rules that apply nationally is one of the primary agenda. The objective is clear, that is so that Islamic law is neither merely an ideal law found in the collective awareness in the community’s belief system nor an "archive" discussed to satisfy the needs of intellectual exercise in academic institutions. It should become the law that applies positively. The establishment of Law Number 1 of 1974 concerning Marriage, Law Number 7 of 1989 concerning Religious Courts, and Presidential Instruction Number 1 of 1991 concerning the compilation of Islamic laws became important milestones in the history of Islamic law in Indonesia. Since the beginning of the reform era, the implementation of Islamic Sharia entered a new phase, as marked by the flourishing of Sharia regional regulations in various regions. The emergence of the Sharia regional regulations is certainly through serious political struggles, given that the real law is a product of the political process. The regional regulations, at the same time, has been through a massive ideological struggle, because the plurality of religions and ideologies in Indonesia will be powerful energy for the emergence of pros and cons of the emergence of this regional regulation. This article will explain the political and ideological struggle around the Sharia regional regulation.

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