The Existence of Islamic Legal Values in The

IBLAM LAW REVIEW Indonesian Legal System and Their

Application in National Legal Development
P-ISSN
2775-4146 Abstract
E-ISSN This research aims to determine and analyze the values of Islamic
2775-3174 law in the national legal system and to analyze Islamic legal
factors that influence national legal development. This research
Volume 3, Nomor 1, 2023 uses a type of normative legal research that is prospective in
nature and focuses on observing legal history and
observing/synchronizing law vertically and horizontally. With
Authors
the technique of collecting secondary legal materials in the form
1
Muhammad Ali of the existence of Islamic values in the national legal system,
2
La Ode Husen then qualitative analysis is carried out descriptively and
3
Sahban perspectively. The research results show that (1). Islamic legal
values cannot be separated from the character of the national
Affiliation legal system. Islamic legal values also guarantee human rights in
1,2,3
Fakultalty of Law, Universitas their conception in line with the ideals carried out in the
Muslim Indonesia, Makassar formation of the legal system in Indonesia based on the 1945
Constitution. (2). Factors of theological beliefs, historical
arguments, and majority aspects are tendencies in efforts to
Email
incorporate Islamic legal values in national legal development.)
muhammad.ali@gmail.com,
laode.husen@umi.ac.id, Keywords: Islamic Law, Indonesian Legal System, Legal Culture
sahban@umi.ac.id of the Indonesian Nation.

Date Submission
1 January 2023

Date Accepted
1 January 2023

Date Published
1 January 2023

DOI
1234567
 Muhammad Ali (1), La Ode Husen (2), Sahban

Introduction
In the Indonesian state administration, the concept of constitutional law (Constitute)
was the choice of the nation's founders (the founding fathers) as a form of law (constitution)
formulated by BPUPKI, the result of the proclamation of August 17 1945, actually before the
form of the constitution was agreed upon for our country, at that time There was a debate
between the founding fathers of our country, some of whom supported the contents of the
opening text of the Jakarta Charter which read "God with the obligation to implement
Islamic law for its adherents", signed on July 22 1945, including Mohammad Yamin, Abdoel
Kahar Moezakir, H. Agoes Salim, KA Wahid Hasjim, and Mohammad Yamin. However,
there are some who do not support the form of opening the text and want the form of our
constitution to be more compromising with all political elements among the nationalist
camp, namely, Ir. Soekarno, Mohammad Hatta, AA. Maramis, Abikoesno Tjokrosoejoso,
and Ahmad Soebardjo. Finally, after going through a debate, the founding fathers agreed to
delete seven words from the Jakarta charter and change the text narrative of "Godhead with
the obligation to implement Islamic law for its adherents" to "Almighty Godhead" in the
form of our Constitution which was then included in the preamble to the 1945 Constitution
with the existence of an offer that basic state and constitutional issues could be discussed
again after the constituent assembly was formed after the election, in an official PPKI
meeting chaired by Ir. Soekarno. Based on this, it was also agreed to amend article 29
paragraph 1 of the 1945 Constitution "a state based on divinity, with the obligation to
implement Islamic law for its adherents to become "a state based on the one and only God".
This policy of compromise continued in January 1959 after the cabinet unanimously passed
its resolution to implement guided democracy from the 24-point ninth point of the
resolution stating the side of Ir. Soekarno, regarding the aspirations of Muslims who wanted
the Jakarta charter to be returned, on April 22 1959 conveyed this idea in front of the
constituent assembly, however, debate continued. The nationalist group considers the
Jakarta Charter to be just one of the documents leading to independence which cannot be
used as a source of law. On the other hand, the Islamic camp believes that the Jakarta
Charter not only influences the preamble to the 1945 Constitution but also the body of the
1945 Constitution as a constitution which has legal meaning and can be used as a source.
law to implement Islamic law for Muslims. The never-ending debate regarding the status of
the Jakarta charter finally prompted Ir. Soekarno issued a decree in 1959. With full military
support he dissolved the Konstituante and stated that it referred to the 1945 Constitution.
However, the status of these seven words was still unclear and continued to be an issue until
after power shifted to the New Order, the Jakarta Charter practically disappeared from
debate, Suharto which applied the revised formulation of Pancasila as a single principle,
making the Jakarta Charter automatically disappear from debate. It was only after the fall of
Soeharto in 1998 that around these years there were at least 3 Islamic political parties that
pushed for the return of the 7 words in the Jakarta charter, through amendments to the 1945
Constitution, namely, PPP, PBB, and PKS. However, it continues to reap turmoil from
eastern Indonesia, in Minahasa for example the Greater Minahasa congress forum emerged
in 2000 which gave an ultimatum that if the MPR included the Jakarta Return charter, then
the region would become independent.
Basically, the background to the emergence of ideas for implementing Islamic law has
existed since this country was first founded, with the mission of uniting the same thoughts,

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feelings and laws in order to create a society that obeys the constitution which is the
foundation of the state, but some elements of minority society refuse This idea, under the
pretext of ruling out tolerance in the nation and state, the majority of intellectuals who
adhere to Islamic ideals, choose to compromise for the sake of creating a society that
complies with the framework of the state constitution. However, today the spirit of idealism
to foster Islamic legal values in the Indonesian constitution still exists and efforts are being
made to implement it and serve as a guide for developing national law. By using the
legitimacy of state power as a reference, the legitimacy of state power is a theory that tries to
provide an answer to the question about where does a state's power come from? and who
owns sovereignty in a country? Namely loyal to four sovereignties, (1) the sovereignty of
God, (2) the sovereignty of the people, (3) the sovereignty of the State. (4) the sovereignty of
the law. Law, politics and democracy are three systems in state life that can support the
existence of the construction of the existence of Islamic law and its application in the
development of national law, and can also be the cause of the destruction and disappearance
of Islamic ideals in an effort to make Islamic law a forum for the development of national
law. When the law functions well, politics is carried out ethically, democracy is fought for
politely (people's motivation and humanity), without anarchy and mutual compromise and
prioritizing the rationality and effectiveness of law which is in line with human nature, in
politics it has the potential to become a driving force, support and support for existence as
well as the development of the constitution in realizing the ideals that were conceptualized
by the founding Fathers, as the ideals of law, politics and democracy in state life. For these
missions, humans have been endowed with "ínstinct" instincts, "mind" (qalbu, fuad), and
"rationality" which can weigh and choose what is good, so choosing a constitution that
represents Islamic ideas is aspired to place Islamic values in his body, the foundation of the
state as a construction for the life of the nation and state which can be used as a tool to
realize the missions he carries out. In the context of the history of the Indonesian
constitution, Islamic law has had a position, even though in the course of the history of the
Indonesian constitution, the existence of Islamic law has experienced ups and downs,
sometimes it is not even mentioned explicitly in the Indonesian constitution, however the
substance and spirit of Islamic law has colored the Indonesian constitution. The Constitution
(Constituante) or basic law or abbreviated as UUD in a country is a norm of the political and
legal system of a country's form of government - usually codified in the form of a written
document, chosen by the human community as a forum and tool that is written and
formalized to remember and reviewed again to achieve idealized goals in accordance with
current developments. The pursuit of ideals that are put into practice as they have been
conceptualized, the meaning of humans as social creatures (zoon sociale) and also as
political creatures (zoonpolitikon), instinctively has the desire and desire to always gather,
deliberate and dialogue on various matters, including regarding state issues, politics,
democracy and human rights (states problem, politics problem, democratic and human
rights problem). Islamic law since its arrival in the archipelago until now is a living law, not
only at the symbolic level, but also at the practical level. This is not merely a sign that the
majority of religious adherents in Indonesia are Islamic, but in its natural reality in some
areas Islamic law has become a tradition (custom) which is sometimes considered sacred.
Studying Islamic law in Indonesia means discussing the interests of the majority of
Indonesian society. The existence of Islamic law in the Indonesian constitution and its
application in fostering national nuhum has been recognized as raw material for the

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formation of national law, together with other legal systems, namely Western law and
customary law. Recognition of the existence of Islamic law as one of the pillars in the
formation of national law can be an opportunity for Muslims to make the greatest
contribution to the configuration of national law.
State and religion, even in a secular country, cannot be separated, because religion is
the foundation and the state is the pillar, like sugar and its sweetness cannot be separated,
therefore state managers are ordinary people who are also bound by various living norms.
in society, including religious norms. Even countries such as the United States, England,
Germany, France, and the Netherlands are countries that declare themselves to be secular,
but many cases show that their involvement in religious affairs continues as long as
religious entities and the state exist. Through the explanation above, this study focuses on
the existence of Islamic law which continues to survive and can carry out self-actualization
by developments in more modern times and can realize legal effectiveness, certainty, justice
and usefulness in the development of the Indonesian national legal system, becoming the
most important part in organizing positive values in the life of the nation and state
collectively. How the existence of Islamic law is carried out through the legislative process in
the context of developing national law.

Methods Research
This research is legal research using normative legal methods that are prescriptive and
focus on observing legal history and observing/synchronizing law vertically and
horizontally. According to Syahruddin Nawi and Rahman Syahruddin, legal research is
generally divided into several parts, one of which is legal history research, which is a type of
normative legal research that focuses attention on the history of the formation or history of
changes to a piece of legislation. Vertical synchronization research is a type of normative
legal research that focuses attention on synchronization and harmonization between various
provisions or laws and regulations that regulate the same thing. Horizontal synchronization
research is a type of normative legal research that focuses attention on synchronization and
harmonization between various provisions or laws and regulations that regulate the same
thing. The legal history approach, vertical and horizontal synchronization is carried out by
examining all statutory regulations related to the issue being studied, namely the existence
of Islamic legal values in the Indonesian legal system and their application in national legal
development. The historical approach is related to the legal history (historical legal) of the
legal system in Indonesia.
Sources of Legal Materials
Al-Quran and Sunnah, 1945 Constitution, MPR Decrees, Laws or Government
Regulations instead of Laws, Government Regulations, Presidential Decrees, implementing
regulations, such as Ministerial Regulations, Ministerial Instructions, and others.
Legal Material Collection Techniques
Considering that this research focuses on secondary data, the collection of legal
materials was carried out by conducting library research and document studies. In collecting
legal materials, as much legal material as possible is obtained and collected regarding issues
related to this research. Legal materials or secondary sources in the form of the existence of
Islamic legal values in the legal system in Indonesia. Laws, legal sources, and national
legislation influence the formulation of the constitutional system and national legal system,

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the results of research and other scientific activities both nationally and internationally,
expert opinion, and encyclopedia.
Legal Material Analysis Techniques
Processing legal materials can be formulated or describe the matter to be researched
into smaller and simpler elements. Starting from this understanding, there is a close
relationship between analytical methods and problem approaches. A systematic description
of the symptoms and data obtained in this research is first presented as quantitatively as
possible quantitatively. The materials obtained were then analyzed normatively and
qualitatively. Analysis can be carried out qualitatively and quantitatively. This qualitative
analysis was carried out descriptively and perspectively because research does not only
intend to reveal or describe the reality of legislative policies as expected. In carrying out
qualitative analysis which is descriptive and perspective in nature, the starting point is a
systematic juridical analysis which for in-depth analysis is linked or complemented by
comparative juridical analysis and perspective juridical analysis with the objectives: 1).
Comparative juridical analysis, by comparing legislative policies that are influenced by
Islamic values in formulating laws and the Constitution. 2). Perspective juridical analysis, to
examine Islamic law formulation policies that will be implemented in future national legal
development in formulating the legal system regarding the Constitution.

Results and Discussion

The Relationship between Islamic Legal Values and National Law.
The discussion regarding the relationship between Islamic legal values and national
law, even though it is a classic theme for the Indonesian context, is still important and
relevant, at least to be discussed considering current legal developments, the crucial thing
which is still ongoing in the Republic of Indonesia is the concretization of the discourse
regarding the formalization of the application of values. Islamic law is fully incorporated
into legislative products at the national level, giving rise to the assumption that the
application of Islamic legal values into discriminatory rules is a turning point. This
assumption can be said to be a crisis of confidence, which, if viewed from the legal science
paradigm, is the integration of religious values into the rule of law. or regulations made by
the government are a legal novelty. Universal values are the pillars of national life amidst
quite complex diversity. This means that universally acceptable values are now the source of
national law. Based on Article of Law no. 12 of 2011 states "Pancasila as the source of all
sources of state law", while Article 7 Paragraph (1), Law Number 12 of 2011 concerning the
Formation of Legislative Regulations, types and hierarchy consist of:
1. The 1945 Constitution of the Republic of Indonesia;
2. Decree of the People's Consultative Assembly;
3. Laws/Government Regulations in place of Laws/1 Laws;
4. Government regulations;
5. Presidential decree;
6. Provincial Regional Regulations; And
7. Regency/City Regional Regulations.
The provisions as mentioned in the article above describe how a norm is arranged
sequentially into a structure of legal norms based on cultural values, thoughts and feelings
held by the people, especially the Indonesian nation. These norms are then manifested

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through consensus legislation and then jointly agreed upon through institutions that have
legislative authority. (DPRI). As explained by Hans Kelsen in the theory of levels of norms
and developed by his student Nawiasky, a legal norm in any country consists of various
layers and levels. Norms at a lower level always refer to norms at a higher level, while
higher norms originate from even higher norms until they reach the highest norm. Talking
about the highest norms of course comes from habits that are built based on the beliefs of the
majority of society, namely, Aqidah and Sharia are the foundation for Muslims in Indonesia
where religion, state, society are attached in one concentric link as stated by Muhammad
Tahir Azhary regarding religious relations. , law and state in the following picture: The state
as the third component is in the last circle. This position shows that in these concentric
circles, the state includes the two previous components, namely religion and law. Because
religion is the core of this concentric circle, the influence and role of religion is very large on
law and the state. With this picture, it also shows how close the relationship is between
religion, law and the state, because these components are in one unit that cannot be
separated. It needs to be emphasized that it must be understood that if the state's position is
placed in the last circle, this does not mean that the state is "confining" or "confining"
religious law.
The values of Islamic law have long lived in the legal consciousness of the Indonesian
Islamic community in line with the development and growth of national law or familiarity
with the compilation of Islamic law in the national legal system. It cannot be denied that
long before it was institutionalized in state buildings, Islam was culturally rooted in the
legal consciousness of society and has become an important part of Indonesian culture.
Islamic law applied to the majority of the population of the Dutch East Indies which was
related to the emergence of Islamic kingdoms after the collapse of the Majapahit kingdom
around 1518 AD. According to C. Snouck Hurgronje himself, in the 16th century in the
Dutch East Indies Islamic kingdoms emerged, such as in Mataram, Banten and Cirebon are
gradually converting their residents to Islam. According to C. The majority of Indonesian
people who are Muslim are bound by the values of Islamic culture itself so that they can
accept the dynamics and development of law which is influenced by Islamic legal values.
Islamic legal values are not just norms that have regulative aspects but also contain
sociological aspects that reflect a condition. the legal system that society adheres to as rules.
As a structure of rules in which there are customs, the legal system should be able to fulfill
the national values that existed before the birth of the Indonesian nation, such as the values
of religiosity, kinship, harmony, democracy and the value of justice. If we dig deeper into
the values originating from the Republic of Indonesia, we will find values such as the value
of regional unity, the value of national unity and the value of independence. Long before its
emergence, the values of Islamic law had become values of unity, undergoing various
transformations in line with legal developments in the midst of civilized society. Starting
from the entry of Hinduism and Buddhism to the spread of Islam through trade and
marriage. Yuliani Noor and Masyur in their research entitled "Tracing Traces of Indonesia's
Past" analyzed that there are 4 (four) inherited national values that we can take from
historical and prehistoric times, namely: First, religious/religious values. This value reflects
their belief in something that has power over them, in this case they try to limit their
behavior. From this description, the attitude that needs to be inherited is an attitude of
respect for others, regulating behavior so that it is not arbitrary and respect and worship as a
religious basis. Second, the value of mutual cooperation. Pre-historic people lived in groups,

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worked for the common interest of the group, and built houses together. This can be proven
from the existence of megalith buildings which can be ascertained through mutual
cooperation. Thus, it is worth emulating that matters relating to the common interest should
be carried out together (mutual cooperation) with the principle that weight is the same as
being carried, light is the same as being carried. Third, the value of deliberation. This value
has been developed by pre-historic communities in their lives, such as in selecting
community leaders in agricultural and hunting businesses. This behavior becomes the basis
for the growth and development of democratic principles. Fourth, the value of justice. This
attitude has been applied in the life of prehistoric society since the hunting era, namely the
division of tasks according to their energy and abilities so that the tasks between men and
women are different. This attitude of justice developed during the perundagian era, namely
the division of tasks based on expertise. This value reflects a fair attitude because everyone
will get the same rights/same duties if supported by their abilities. These are the values of
pre-historic cultural heritage that should be proud of and imitated in people's lives today.

Factors of Islamic Legal Values That Influence the Development of National Law.
Theological Belief Factors
For Muslims, carrying out all commandments and abandoning all religious
prohibitions is an unavoidable obedience. Not carrying out orders or violating what is
prohibited is believed to result in punishment (sin) from the Owner of the Sharia. This belief
has become an ideology that John B Thomson calls a comprehensive set of ideas and is the
main basis for an activity. The word Islamic Shari'a has various meanings from an editorial
perspective but the oriented meaning is the same, namely the regulations set by Allah SWT.
or which are stipulated in basic terms so that humans can use them in relating to their God,
in relating to fellow Muslims, in relating to fellow humans, in relating to the environment
and in relating to life. Thus, from this understanding, Islamic law includes rules or laws
regarding faith, practice and morals. But in one aspect, Islamic law is given a narrow
meaning which is limited to the charitable aspect only, and this meaning is the same as
Islamic law. Furthermore, it can be studied, namely looking at the law in an autonomous
normative way. Islamic law at this time is the living law, the law that lives in society and at
the same time becomes law in action, the law that is visible in the activities and behavior of
society. The development of law today is heavily influenced by Islamic values in a socio-
historical approach, namely Islamic law as a science that studies the history of the life of a
society which is related to the process of birth and development of Islamic law as part of
social science, if viewed using a sociological lens. Law also studies society, specifically
examining legal phenomena that exist in society. Departing from these several
understandings, the values of Islamic law are very important in understanding the
development of society in relation to its interaction with Islamic law in Indonesia, which
includes the ability to understand the process of socio-legal facts that proliferate in society.
In a country that implements a legal system, there must be at least three components that
serve as the basis or foundation for the country's legal system to be strong. These three
components are: Legal structure, Legal Substance, and Legal culture. In Indonesia, the aim
of the law is to establish an Indonesian state that protects the entire Indonesian nation and
all of Indonesia's blood and to promote general welfare, educate the life of the nation and
participate in implementing world order based on independence, eternal peace and social
justice. If the law can no longer work according to its purpose and function, then it indicates

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that it is time for legal reform efforts to be carried out and make the theory of thinking about
Islamic values the basis for legal construction that will be built.
The existence of a theory of thought regarding the application of Islamic law in
Indonesia. According to Masykuri Abdillah, seen in terms of its application orientation, it
can be classified into three groups. First, it is an orientation that tries to fight for the
implementation of teachings comprehensively (kaffah), both in the field of faith,
jurisprudence, and morals. Second, is an orientation that only tries to fight for the
implementation of Islamic beliefs and morals. Third, is an orientation that only strives to
fight as much as possible for the implementation of sharia and creed as well as moral ethics
or at least its principles, which are integrated into the national system. The first orientation
makes Islam ideological, the second makes Islam a source of ethics, and the third makes
Islam a sub-ideology. The first orientation is very idealistic in the context of Islam, but less
realistic in the context of society and the very plural Indonesian nation. The second
orientation is very idealistic in the Indonesian context, but less realistic in the Islamic
context, whose teachings do not separate religion and state. A strong attraction towards one
orientation results in a stronger attraction towards the opposite orientation, and will even
cause a very large internal conflict. Therefore, a middle ground between the two is needed,
which is to make Islam a sub-ideology for Pancasila. Theoretically, an ideology must fulfill
three dimensions, namely the dimension of reflection on reality, the dimension of idealism
that provides inspiration for the community to act, and the dimension of flexibility that
allows for interpretation from various points of view. in this last context, existing religions
or political currents can become a sub-ideology of Pancasila, so that it truly becomes an open
ideology, which can accept various interpretations according to the cultural background of
each of these groups. This third orientation is more realistic and moderate, although efforts
are made as far as possible to implement Islamic law or its principles in the life of the nation
and state. This view still recognizes Pancasila as the national ideology. This orientation
supports a cultural and structural approach in a constitutional and democratic way. Efforts
to implement alternative systems that are Islamic, even if they are not structural, such as
Islamic banking, Islamic insurance, and others. Departing from the third orientation shown
above, the approach used in legitimizing Islamic values in the national legal system by
highlighting the conditions of the integration of Islamic law and the sociological conditions
of Indonesian society where the socio-conditions internally, facing problems, it is difficult to
find legal uniformity in perception because the condition of pluralism is necessary in terms
of culture, then Islam as an aqeedah that unifies feelings, thoughts, and makes the same
legal method present to become a problem solving problem faced by internal Muslims who
both want the orientation of Islamic values to be applied in the national legal system .

Historical Argument
Apart from the theological belief factors above, the reasons for implementing Islamic
legal values as a tool for developing national law are also based on the historical
involvement of Islam in Indonesia. This involvement can be seen in the role it has played
since the 19th and 20th centuries. Under the banner of Islam emerged the inspiration to fight
for independence from foreign governments (colonialists). Such as the Padri War (1821-
1837), Diponegoro War (1825-1830), Bone War (1835) and Aceh War (1871-1908). In the 20th
century it was also under the banner of Islam which became the cause for the rise of
Indonesian nationalism which began with the founding of Sarekat Islam (SI) in 1911 as an

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element that united the national revival. In the course of its history, Islamic law that applies
in Indonesia can be divided into two categories. First: Islamic law which applies formally.
This first category of Islamic law falls into the area of national law, both in terms of its raw
materials and materials and this becomes positive law and local law. Second: Islamic law
which applies normatively, this concerns individual religious practices such as prayer,
fasting and other individual worship. In an increasingly open era, efforts to organize and
stabilize political structures in an effort to fight for Islamic law to become national law will
not be something taboo. Islamic leaders must have the foresight to choose areas of law based
on sharia and aqidah as well as moral ethics or to minimize the principles so that they do not
have serious contact with the socio-cultural aspects of Indonesian society. A political
structure in which there is a majority of Islamic adherents must have a commitment to the
existence and effectiveness of the application of Islamic law in Indonesia. By referring to
Indonesian political life in the post-1990s which was marked by government policies that
reflected the government's intimate relationship with Muslims, there is hope for support
from the political structure to transform Islamic law into national law. The theory of social
change states that to change the condition of society with a form of revolution, in this case
there are five stages that must run together and support each other, namely: (1) There must
be a general desire to bring about a change in society, there must be a feeling of
dissatisfaction with the situation. and there must be a desire to achieve improvement with
the change in circumstances; (2) There must be a leader or group who is considered capable
of leading society; (3) The leader can accommodate these desires and then formulate and
emphasize them to the community to become a program and direction for the movement of
the community; (4) Leaders must be able to demonstrate a goal to society; (5) There must be
momentum to start the movement. Indonesia has established itself as a rule of law state and
placed Pancasila as the foundation of the state and is an open ideology. The main principle
of a rule of law state based on Pancasila is to posit law in the form of written rules or express
it in the form of laws. Laws that are not manifested in the form of written regulations made
other than by the state are also not referred to as law but as cultural and moral values
adhered to by society. However, this legal system based on Pancasila is in practice flexible in
following legal developments needed by society, prioritizing things that are clear and
certain, namely the values that live in society, legitimizing them in the form of laws.
One of the legislative regulations that clearly accommodates Islamic values is Law
Number 1 of 1974 concerning Marriage. Article 2 of Law Number 1 of 1974 places religion as
a determinant of the validity of marriage, so that marriages in Indonesia adhere to religious
marriages. The formulation of Article 2 of the Marriage Law has the logical consequence that
all Indonesian citizens who are Muslim must fulfill the provisions of Islamic law first so that
their marriage can be said to be religiously valid. This proves that the existence of Islamic
law is still very influential in the life of the nation and state in Indonesia. Islamic law really
has the potential for globalization and localization in the implementation of its guidance in
national law which has normative-theological factors, the Al-Qur'an itself states that Islam
as rahmatan lil-'âlamîn, is a symbolic statement of the dimensions of Islamic globality, while
in another verse Al -The Qur'an also recognizes the existence of plurality, locality, ethnicity
(ethnicity) and nationality (nationality). In other words, Islamic law has both universal and
particular (local and temporal) dimensions. This concept emphasizes that normatively-
theologically, it is essentially impossible to face problems when Islamic law must be
dialectical with the cultural paradigm of the external community of Muslims, because in

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reality Islamic teachings are never forced on those who do not yet want to accept and
recognize Islam as rahmatan lilalamin, a global and local trend. from Islamic teachings
which can regulate the three dimensions of life for its adherents, namely: human
relationships with God, human relationships with themselves, and human relationships
with each other, conceptually reforming Islamic legal values can be accepted among society
if needed to fill the legal vacuum.

Majority Aspect
As a country with a majority Muslim population, Indonesia has transformed Islamic
law into national law, including the Indonesian constitutional system. Basically, the rules
made always consider the benefits (maslahah) and dangers (mafsadat) that may arise from
the rules. In this case, Islamic law experts categorize benefits into 2 types, namely
individual-subjective benefits and social-objective benefits. Individual-subjective benefits are
benefits that involve individual interests that are separate from the interests of the people,
while social-objective benefits are benefits that involve the interests of many people. So to
distinguish between subjective individual benefits and objective social benefits, the
authority most likely to determine them is the state through law as a result of an agreement
in deliberation. The large demand for enforcing Islamic law is also driven by the position of
Muslims in Indonesia, who are the majority. According to Zuly Qodir, discussing the
relationship between Muslims and politics has a very strategic position, considering that
86.7% of Indonesia's population is 237 million people, 86.7% are Muslim, so these political
and sociological facts are very important to pay attention to, and are something that is
relevant as a object of study. The relationship between Muslims and politics (power) is a
logical consequence of the implementation of a democratic system in this republic.
From this reality, it is realized that there is a valid space for the entry of Islamic legal
values through a political process through political institutions to form a legal product. In
this regard, there are two key words that will be examined further regarding the influence of
power in law, namely the word "process" and the word "institutions," in realizing a legal
regulation as a political product. This influence will become increasingly visible in the
product of legislative regulations by a political institution that is heavily influenced by large
political forces within the political institution. Therefore, it is important for law makers to
note that it is important to pay attention to the voices of the majority community groups
who do not have access to influence public opinion, do not have access to influence political
policy. This is the role of the people's representatives who are elected through democratic
mechanisms existing in the political structure and infrastructure to safeguard the interests of
the majority of the people, and truly understand the norms, rules, interests and needs of the
people so that these values become positive law. The application of Islamic law in Indonesia
as positive law is based on the philosophical, juridical and sociological values of the
Indonesian people. This can be seen from the regulations on zakat which is also another
proof of the existence of Islamic law in the life of the nation and state in Indonesia. The first
regulation regarding zakat was through the Circular Letter of the Ministry of Religion
Number A/VII/17367 of 1951, where this circular letter continued the provisions of the
Dutch ordinance which stated that the state would only supervise, and would not interfere
with the collection and distribution of zakat. In 1991 the government issued a Joint Decree of
the Minister of Home Affairs and the Minister of Religion of the Republic of Indonesia
Number 29 and 47 of 1991 concerning the Development of Amil Zakat, Infaq and Sadaqah

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Agencies/ In 1991. 1998, Minister of Home Affairs Instruction Number 7 regarding the
Establishment of Amil Zakat and Sadaqah Bodies was issued. Currently, zakat management
is regulated in Law Number 23 of 2011, which is the result of a revision of Law Number 38
of 1999 concerning Zakat Management. Apart from marriage and zakat, Law Number 13 of
2008 concerning the Implementation of the Hajj Pilgrimage is also proof of the existence of
Islamic law in Indonesia. Article 8 paragraph (2) of Law Number 13 of 2008 explains that
policy and implementation in organizing the Hajj pilgrimage is a national task and is the
responsibility of the government. Law Number 41 of 2004 concerning Waqf is a form of
application of Islamic Law in the national legal system whose contents contain several new
and quite important matters, including the issue of nazhir, maiquf bih (property donated),
mauquf 'alaih (allocation of assets waqf), and also the need to establish an Indonesian Waqf
Board. In Article 28 paragraph (2) of Law Number 41 of 2004 concerning Waqf, it is stated
that the Indonesian Waqf Board can collaborate with government agencies at both central
and regional levels, community organizations, experts, international bodies and other
parties if necessary. The transformation of Islamic values is able to minimize the tendency of
personal or group interests. Even though national positive law does not supervise a person's
actions, with Islamic values a person will always feel watched over by God. The main aim of
law is not only to regulate and provide sanctions, but also to improve human morals and
morals so that they realize themselves as good creatures of God. The interests of positive
national law which are materialistic in nature need to be balanced with Islamic values which
emphasize the mental spiritual dimension in the economic aspect, in this case there is a
bookkeeping (codification) of Islamic legal rules in the Islamic Law Compilation (KHI). KHI
regulates various matters relating to Islamic law, for example inheritance issues which are
regulated in the Second Book of the Compilation of Islamic Law, which is based on the
science of Faraidl, namely the science of the provisions for the distribution of inheritance in
Islam. KHI consists of 3 (three) books, namely Book I on Marriage, Book II on Inheritance,
and Book III on Endowments. In the Islamic tradition, law is an important aspect that is the
foundation and pillar in carrying out life for its adherents in a society that requires a
common set of rules. Transformation can be carried out by thematic synchronization of
Islamic values with existing laws and regulations, because general and fundamental Islamic
values can be used as basic guidelines for forming laws and regulations. Islam has taught
many things to regulate the goodness of human life from which values can be derived, so
that these can also be used in legislative regulations. This concept is also a form of
integration of law and religion, so that law has the spirit and soul of spirituality.

The Relevance of Theory to Research Results

The Koran, Sunna-hadith, and the ijitihad method are the first and main sources of
Islamic law. It contains fundamental legal rules (principles) that need to be studied carefully
and developed further. According to the beliefs of Muslims, which is confirmed by the latest
scientific research. The existence of Islamic teachings in legal politics dissects all elements in
the legal system whose main elements are grouped into three large elements, namely legal
material, legal structure, and legal culture of the legal system, in jurisprudence (legal
science), to analyze and provide answers for effective the working of a legal institutional
structure agreed upon by the state. So law is conceptualized sociologically as an empirical
phenomenon that can be observed and changes in line with the transformation of law in
accordance with the legal needs of society. The systematic characteristic of law is also the

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most central characteristic in resolving a problem in society, namely seeing the law in an
autonomous, normative way. Islamic law today is the living law, the law that lives in society
and at the same time it is law in action, the law that appears in Community activities and
behavior are in line with the general principles of Islam which cover all areas including (1)
the principle of justice, (2) the principle of legal certainty, (3) the principle of benefit, (4) the
principle of the benefit of life.
In a country that implements a legal system, there must be at least three components
that serve as the basis or foundation for the country's legal system to be strong. These three
components are: Legal structure, Legal Substance, and Legal culture. Nation states have
fundamental characteristics that differentiate them from states in the true sense. Held
formulated these fundamental characters into four important characters, namely
territoriality, control over the means of power, an impersonal power structure, and the
existence of political legitimacy. Strengthening the political structure in an effort to fight for
the values of Islamic law becomes a tool for developing national law, choosing areas of law
based on sharia and aqidah as well as moral ethics or adopting its principles if they do not
come into serious contact with the socio-cultural aspects of Indonesian society.
Transforming the values of Islamic law through a political process through political
institutions to form a legal product that originates from basic studies of Islamic law and
national law that are in line and do not intersect with each other, giving birth to a legal
product that is uniform and required by the majority of Muslims in Indonesia. The legal
system in jurisprudence (legal science), to analyze and provide answers for the effective
working of a legal institutional structure agreed upon by the state. So law is conceptualized
sociologically as an empirical phenomenon that can be observed in and changes in line with
legal transformation in accordance with the legal needs of society. As a country with a
majority Muslim population, the aim is to transform Islamic law into national law, including
the Indonesian constitutional system. Basically, the rules made always consider the benefits
(maslahah) and dangers (mafsadat) that may arise from the rules. In this case, Islamic law
experts categorize benefits into 2 types, namely individual-subjective benefits and social-
objective benefits. In line with this goal, Islamic law teaches taking everything that is useful
and preventing or rejecting what is harmful, namely things that are not useful for life and
existence. The contribution of the function and objectives of Islamic Law in developing
national law is a manifestation of the nature of Allah's Rahman and Rahim to all His
creatures, Rahmatan Lil Alamin is the essence of sharia or Islamic law. The concept of legal
development is directed at the concept of a national legal unity, where religious law (Islam)
which is adhered to by the majority of the Indonesian people cannot immediately be used as
applicable law. To be adopted as legal material for some Islamic laws, it requires hard work
from Muslims, even though these laws only apply to their adherents. Islamic law as a legal
order that is guided and obeyed by the majority of the Indonesian population and society is
a law that has lived in society, is part of the Islamic teachings and beliefs that exist in
national legal life, and is material in its guidance and development. As a realization of the
demand for Islamic law to become one of the reference materials and sources for the
formation of national law, it can be seen that many elements of Islamic law have entered
legislative products. From this description, the researcher concludes that the values of
Islamic law in Indonesia have experienced dynamic and continuous development, both
through political infrastructure and superstructure channels in line with reality, demands,
and support, as well as the desire for efforts to transform Islamic law into a national legal

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system. Historical evidence of Islamic legal products from the colonial period to the
independence and reform era is a fact whose truth can never be challenged. Hopefully,
Islamic law will continue to exist alongside the establishment of Islam itself.

Conclusion
The relationship between Islamic legal values and the Indonesian legal system.The
values of Islamic law have long lived in the legal consciousness of the Indonesian Islamic
community in line with the development and growth of national law (natural law). Islamic
legal values in the Indonesian legal system have become a reference in developing national
law and can be realized through legislation. The values of Islamic law have been closely
linked to the thoughts and feelings of the majority of Indonesian people, synchronized in
Islamic aqidah, encouraging the community, especially the majority of Muslims, to realize
the same rules to be followed as absolute legal rules, not in conflict with feelings and
thoughts, realizing legal values that refer to the principles of benefit, justice, and legal
certainty are in line with the constitutional ideals of the 1945 Constitution.Islamic Law
Factors That Influence the Development of National Law. The factors of theological beliefs,
historical arguments, and majority aspects become influences in transforming Islamic legal
values in the development of national law by thematic synchronization of Islamic values
with the required laws and regulations because general and fundamental Islamic values can
be used as basic guidelines for forming laws and regulations related to the needs of the
majority of Indonesian society.

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