A large number of Indonesians want Shariah to be implemented in their country. It comes amid fears that Islamist groups are gaining more traction and visibility. The constitution put Islamic law as a source of national law in conjunction with the law of the former West and customary law/ Hukum Adat.
Islamic law is predicated on the revelation of course Allah and his Messenger as a constituent. The placement of the Islamic law as sources of
national law of law approach. First, countries based on Pancsila and just Divine Almighty God as the first Animates others. Second, the Constitution of the United State the Republic of Indonesia in 1945 gave guarantees for religions to perform his religious teachings of history, the first approach is law the existence of at the same time the influx of Islam in Indonesia by kingdoms force it in total. Second, the colonial Government of Netherlands has enacted Islamic law is formally sociological approach of Islamic law is law that live in Islamic society, and residents of predominantly Muslim Indonesia.
The enforcement of Islamic law in the form of formal legal politics based on Netherlands colonial rule until the legal Government Indonesia experiencing political dynamics of ups and downs. The developments put the interests of Muslims in Indonesia in accordance with conditions and Government policy.
During the rule of the order of the reform form 1998 to present, formalism Islamic law in national law at the time of the order of the reform has got It’s time, the reason the democratization, transparency and the rule of law gives it a chance to impose the values of Islamic law into national law. There are a bunch of Muslims want enforcement of Islamic jurisprudence. This is evident with several local regulations Sharia of Islam local regulations by the Government of certain areas.
Government policy in the field of muamalah can be seen in three aspects. First, the policy against the Islamic law that is directly used the term part of Sharia both in terms of product name and its substance. Such as ACT number 19 of 2008 and ACT Number 21 of 2008. Second, the policy against Islamic law in terms of the term doesn’t look right, but the substance is in the Sharia. such as ACT No. 1 of 1974, Third, policies against social activities society Muslims. Such as ACT No. 23 of 2011 jo ACT No. 38 of 1999 regarding the management of Zakat and ACT No. 41 of 2004 concerning the endowments.
The existence of a rule of community social legislation and the activities of Muslims in the field of implementation, strengthening muamallah Islamic teachings and would reinforce the existence of religious courts.
