PERDA Shari‘ah antara Legalitas dan Prospek
Abstract: Many have been done
to study the problem of Sharî‘ah and other related issues. But little has been
done to investigate the notion of the application of Sharî‘ah in Indonesia in
the form of regional law, otherwise known as Perda Sharî‘ah. Apart from its
importance and sensitivity, the Perda Sharî‘ah is quite ignored by the academic
circle in this country. It is toward filling this gap that this paper is
written. It is interested first in discussing the nature of Syariah, its
values, history, and sources. Then it moves to the currents of thought and
modes of interpretation as far as Sharî‘ah is concerned. It finally discusses
the ways Sharî‘ah is applied in daily live and how a country like Indonesia –or
rather certain districts in it- are involved in formalizing Sharî‘ah as their
regional law. The main argument of this paper is that, Islam is not solely
about law. Islam is a religion of ethics, morality, belief, and spirituality.
Islam is also a way of life, the consequence of which being that it should be
comprehended universally as comprehensive system of living. Hence, we argue,
that the application of Islam in the form of regional law would mean a
simplification of the more universal form of Islam, and a reduction of the more
holistic message of the religion.
Keywords: Perda Shari‘ah, the
application of Islamic law, legality,
prospect
Penulis: Mudzakir
Kode Jurnal: jpperadabanislamdd110077
