Reinvigorating Civil Justice: The Urgency of Islamic Law Implementation in Indonesia

Abstract

Based on the fact that the majority of the Indonesian population is Muslim, it has indirectly become a separate reason for the realization of Islamic law in Indonesia. Islamic law is a law that was handed down and regulated directly by the Almighty and can be applied directly without going through customary law. The Republic of Indonesia can also regulate a matter in accordance with Islamic law as long as the regulation applies only to Indonesians who embrace Islam. Apart from that, it can be stated that now in the legal system in Indonesia, the position of Islamic law is the same as customary law and western law and Islamic law is also a source for the formation of future national laws in addition to other laws that will continue to grow and develop in the country. Republic of Indonesia. Islamic law in Indonesia can be seen from two sides. First, Islamic law applies in a formal juridical manner or is codified in the national legal structure. Second, Islamic law applies normatively, that is, it has sanctions or legal equivalents for the Muslim community. In the Islamic legal system, there are at least four types of Islamic legal products that have developed and are applicable in Indonesia, namely: Jurisprudence, Ulama Fatwas, judges, court decisions, jurisprudence, and legislation. Civil law itself is a set of rules or rules that regulate rights, property and the relationship between individuals and legal entities on the basis of logic. The writing of this paper uses a descriptive method that discusses the position of Islamic Law in Civil Law in Indonesia.