Pengertian Sosiologi, Sosiologi Hukum, Sosiologi Hukum Islam

Summary

This educational lecture explores the sociology of law, focusing on the reciprocal relationship between law and society. It defines sociology of law as the study of how legal systems influence and are influenced by social phenomena. The lecture also delves into Islamic law, illustrating how societal changes prompt legal adaptations. Through examples like the pandemic, it demonstrates how law evolves in response to social needs and how Islamic law functions as a 'living law' in Muslim communities. This dynamic interaction between social change and law forms the core of the lecture.

Takeaways

• 😀 Sociology of Law examines the reciprocal relationship between law and social phenomena, analyzing how legal systems interact with societal behaviors and changes.
• 😀 Sociology is defined as the study of social phenomena and the relationships between different social phenomena, such as family and morality, or law and economics.
• 😀 Law is a set of rules established and enforced by governing authorities to regulate society's behavior, ensuring justice and order.
• 😀 Sociology of Law is a branch of social science that studies the impact of law on society and vice versa, analyzing social phenomena in the context of legal systems.
• 😀 Sociology of Islamic Law focuses on the relationship between Islamic legal principles and societal changes, exploring how Islamic law adapts to social shifts.
• 😀 The COVID-19 pandemic is used as an example of how law and social norms evolve, with Islamic legal scholars issuing fatwas to address new circumstances.
• 😀 The relationship between law and society is dynamic, with law influencing social behavior, while societal changes can lead to the transformation of legal systems.
• 😀 Law is not only a regulatory tool but also a cultural product, deeply intertwined with the customs and traditions of society, such as marriage laws and social stratification.
• 😀 Sociology of Law explores both empirical (real-world) and theoretical (conceptual) approaches to understanding how laws function in society.
• 😀 The concept of 'living law' in Islamic Law emphasizes the adaptability and relevance of legal principles, suggesting that Islamic law is omnipresent and flexible, adjusting to societal needs.

Q & A

What is the definition of sociology according to Pitirim Sorokin?

Sociology, according to Pitirim Sorokin, is the study of the relationships and reciprocal influences between various social phenomena, such as the relationship between economics and religion, family and morality, law and economics, and social movements and politics.

How does law influence society, and vice versa?

Law influences society by regulating behaviors and preventing violations. Conversely, societal changes, such as those driven by pandemics, can influence the evolution of laws. The relationship between law and society is reciprocal, with each shaping and adjusting to the other.

What is the role of sociology of law in understanding the relationship between law and social phenomena?

The sociology of law analyzes the reciprocal relationship between law and social phenomena empirically and analytically. It focuses on how legal systems and societal factors interact, such as how laws evolve due to social changes or how laws impact societal behaviors.

How does sociology of law help in understanding the functioning of law in society?

Sociology of law examines how laws function in real-life scenarios, focusing on the practical application of legal rules and their effects on society. It looks at the effectiveness of laws in regulating behavior, maintaining order, and addressing social issues.

What is 'living law' in the context of Islamic law?

'Living law' refers to the concept that Islamic law is a dynamic and living system, applied by Muslim communities in various contexts. It reflects how Islamic law is implemented and practiced in everyday life, regardless of formal state endorsement.

What does the term 'omnipresent' mean in the context of Islamic law, as explained by Professor Bachtiar Effendi?

In the context of Islamic law, 'omnipresent' means that Islamic law is universally applicable and exists wherever Muslims are, regardless of whether the state has officially legalized it. It is considered a living law that functions in the daily lives of Muslims.

How does the sociology of Islamic law differ from general sociology of law?

Sociology of Islamic law specifically studies the interaction between Islamic legal principles and Muslim society, looking at how Islamic law influences social behavior and how social changes can lead to the evolution of Islamic legal norms. In contrast, general sociology of law analyzes the relationship between law and society across various legal systems.

What is the significance of the pandemic in the context of sociology of law?

The pandemic has served as a case study for sociology of law, showing how societal shifts, such as public health crises, influence legal systems. It led to new legal interpretations and changes, such as fatwas by religious authorities on how to practice religious duties during the pandemic.

What is the role of fatwas issued by religious authorities during the pandemic?

Fatwas issued by religious authorities during the pandemic guided Muslims on how to practice their religious duties, such as conducting prayers in the context of social distancing measures. These fatwas represent the adaptation of Islamic law to the changing social realities caused by the pandemic.

What is the relationship between law and social stratification in society?

Law interacts with social stratification by addressing issues of equality and ensuring that all individuals, regardless of their social status, are treated equally under the law. Although social stratification exists, the law aims to prevent discrimination, as reflected in the principle of equality before the law.