Constitutional Analysis of the Implementation of Islamic Law in the Indonesian State System

Abstract

The issue of the position and implementation of Islamic law within the Indonesian constitutional system is a constantly evolving discourse, particularly in the context of the search for an ideal relationship between religion and the state. On the one hand, Indonesia is a state based on the rule of law based on Pancasila and the 1945 Constitution of the Republic of Indonesia, not a religious state. However, on the other hand, as a predominantly Muslim nation, Islamic values ​​have a significant influence on the formation of legal norms and public policy. The emergence of regional regulations with sharia nuances, the strengthening of Islamic family law, and the growing discourse on the formalization of Islamic sharia reflect this dynamic.

This research was formulated to answer two main questions: (1) how the concept of Islamic law regulates state governance; and (2) how Islamic law is implemented in the Indonesian constitutional system. To answer these questions, a juridical-normative research method was used with a conceptual and constitutional approach. Data were obtained through literature studies, reviews of laws and regulations, and analysis of relevant Constitutional Court decisions.

The research findings show that Islamic law encompasses a comprehensive, ethical, and responsible concept of governance, characterized by principles such as justice (al-'adalah), deliberation (shūrā), and accountability (mas'uliyyah). These values ​​are universal and substantially aligned with the principles of modern democracy and constitutionalism. Therefore, Islamic law is not only relevant for regulating the relationship between humans and God but can also play a role in shaping the moral and ethical foundations of government and legal systems. The implementation of Islamic law in Indonesia's constitutional system exhibits a unique dynamic, where the state constitution provides for the recognition of religious values ​​as long as they do not conflict with the fundamental principles of the rule of law, human rights, and the integrity of the Unitary State of the Republic of Indonesia. A constitutional approach allows Islamic law to be adopted into positive law selectively and contextually, both through legislation and institutional practices, particularly in the areas of family law, sharia economics, and religious courts.

This study recommends the importance of integrating Islamic values ​​into the national legal system through constitutional and inclusive mechanisms, in order to create harmony between religious aspirations and the basic principles of the Indonesian legal state