ANALISIS KOMPILASI HUKUM ISLAM (KHI) DALAM LEGALISASI SISTEM HUKUM ISLAM DI INDONESIA

Abstract

Abstract

This article is motivated by the problem of how to formulate and implement the Compilation of Islamic Law (KHI) in Indonesia and how to legalize KHI in the Islamic Law system in Indonesia. The research method used in this research is library research with reference to primary sources, namely "Compilation of Islamic Law" and supplemented with other books related to the problems studied. Meanwhile, the writing method that the author uses in this research is analytical descriptive, namely by collecting detailed actual information from the data obtained. The results obtained from this research are, first, the Compilation of Islamic Law (KHI) as Islamic Law initiated by the state has two views, namely the religious view and the ruler's view. As Islamic law, KHI has an autonomous character. Meanwhile, as a regulation legitimized by the state during the New Order era, apart from not being able to conflict with statutory regulations, KHI also has a conservative and reductionist character. Second, the development of fiqh with an Indonesian personality in the current context, apart from having to be developed by building a formulation of ushul al-fiqh with an Indonesian personality, must also be aligned with the formulation of a more harmonious relationship between religion (Islam) and the state, by not allowing religion and its teaching aspects used by the authorities to gain momentary profits, and also to clarify the state's position as the bearer of the people's mandate, not as the holder of sovereignty.

Keywords:                  Compilation of Islamic Law, Legal Legalization, and Islamic Legal System in Indonesia.