THE DISCOURSE OF INDONESIAN FIQH Methodological Bid of Family Law Reform
Abstract: The following
article discusses the methodology bid and that of family law reform. This
discussion is an affirmation that the Indonesian fiqh which is constructed
based on reality Indonesia. Most of the Indonesian fiqh still littered the
pages bahtsul masa’il decision, the Majlis Legal Affairs Committee, the board
hisbah, MUI’s fatwa, and in the form of motion religiosity Indonesia’s diverse
Muslim communities. Others fiqh of Indonesia have entered into a state
structure, which is a positive law. Fiqh Indonesia as positive law is a
political and social construction, not merely theological formulation, but also
the factors of non-theological is a logical consequence of the building fiqh
who live in the midst of true nation-state based on Pancasila and justified by
the state’s political decision , Therefore, approved or rejected a formulation
of Islamic law in the legislative process is not as theologically correct or
incorrect, but because of the victory of the political configuration and the
dominant actors who are able to influence the legislature and the Government as
the legislators and the public as a support group or a suppressor. On that
basis, the creation of a public space free (free public sphere), controversy or
public debate about Indonesian fiqh is actually very productive. In this debate
konterks Shari’ah understood in the context of Indonesian-ness, defined and
redefined in the public space nationality how Shari’ah take a constructive role
in the big house Pancasila.
Author: Marzuki Wahid
Journal Code: jpperadabanislamgg150023
