LOCAL WISDOM DAN PENETAPAN HUKUM ISLAM DI INDONESIA
ABSTRACT: Local wisdom or in
terms of fiqhi is called al-urfis
something that is a customs and traditions of a society in the form of words or
deeds or things leave something .Local wisdom or tradition,which does not
contradict the basic principles of the teaching of Islam may be regarded as
confir med as the shari’a law. The priests madhahib many legal opinion based on
the consideration of local wisdom (al-‘urf). In Indonesia there are three
theories that are commonly used to keep the customary law and Islamic law ,namely:Receptio
in complex theory ,Receptie theory and Receptio a contrario theory .Local
wisdom has played an important role towards the establishment of Islamic law in
both the establishment and enforcement of Islamic law .Some scholars deter
mined requirements to make the local wisdom
(‘urf) as a source of Islamic law (1) local wisdom apply in the majority
of cases occuring amongs the people and its implementation embraced by the
majority community ,(2) ‘urf existed
before the emergence of cases which would set the law ,(3) local wisdom is not
contrary to clearly expressed in a contract, (4) local wisdom does not conflict
with nash.
Penulis: Sagaf Pettalongi
Kode Jurnal: jpperadabanislamdd120209
