Open AccessReconstruction of Indonesian Islamic Law Compilation Using Madhhab Perspective Based on Justice Value
Author(s) -
Suhadi Suhadi,
Anis Mashdurohatun,
Gunarto Gunarto
Publication year - 2022
Publication title -
scholars international journal of law, crime and justice
Language(s) - English
Resource type - Journals
eISSN - 2617-3484
pISSN - 2616-7956
DOI - 10.36348/sijlcj.2022.v05i03.005
Subject(s) - indonesian , sharia , islam , economic justice , law , value (mathematics) , documentation , sociology , perspective (graphical) , political science , philosophy , theology , mathematics , linguistics , statistics , geometry , computer science , programming language
The purpose of this study is to describe the weaknesses of the Islamic Law Compilation (KHI) Practiced in Indonesia by examining and analyzing its contents and their problems from the perspective of the madhhab and reconstructing the KHI which contains Islamic law in the perspective of the madhhab based on the value of justice using the sociological juridical method. Informants as sources of research data are scholars, lecturers, judges, MUI, Islamic organizations, FKUB, Shi'i, Sunni, and Salafi Wahabi leaders. Data collection techniques with interviews and documentation. Data analysis goes through the stages of data collection, data reduction, data display, and verification. The results of the study found that (1) KHI only contains family law even though Islamic law is very complex and is not limited to family law. (2) Family law which is the formulation and result of the existing ijtihad of Indonesian ulama does not need to be revised because of its suitability and acceptance of various schools of thought in Indonesia. (3) Islamic law is always based on valid and recognized madhhabs and madhhabs in this world based on the 2004 Amman Treatise and 8 others, namely Sunni, Shi'i, Dhahiri, and Ibadli (Hanafi, Maliki, Shafi'i, Hambali, Dhahiri, Zaidi, Ja'fari, Ibadli). (4) There are 3 schools of thought that live and develop in Indonesia with their derivative mass organizations (Sunni Syafi'i, Sunni Hambali/Salafi - Wahabi, and Shi'i). (5) The three schools of thought in Indonesia are prone to conflict and can trigger disharmony and national disintegration. (6) The need for regulation of the recognition and harmony of various schools of thought in Indonesia through the KHI channel by reconstructing the 1991 Indonesian KHI with additions; recognition, protection, and harmony of various schools of thought with national insight as a complement to the contents of Islamic law and a unifying and harmonious forum that is based on justice-based law.