Pertemuan 12

Summary

This video discusses Islamic law as part of an introductory course on Indonesian law. It covers key concepts such as Sharia, Fiqh, and Qanun, explaining the differences between them and their relation to Islamic law. The lecturer emphasizes that Islamic law is a system of law governing the relationship between humans and God, and between people. The video explores the functions of Islamic law, its sources, and its historical impact on Indonesian society, from the introduction of Islam in the archipelago to the modern implementation of Islamic law in Indonesia's legal framework, including aspects like marriage law and religious courts.

Takeaways

• 😀 Islamic law (*hukum Islam*) regulates the relationship between humans and both God and other people, forming a complete legal system, not just a legal field.
• 😀 *Syariat* refers to divine rules from Allah that govern belief, worship, ethics, and human interactions, serving as the foundation of Islamic law.
• 😀 *Fikih* is the interpretation and application of *syariat* by scholars, making it a dynamic process that adapts to new situations.
• 😀 *Qonun* refers to laws created by human societies, particularly in the Arab world, and while it can align with *syariat*, it is not inherently tied to Islam.
• 😀 The primary goal of Islamic law is the welfare of humanity, focusing on the well-being of both this life (worldly) and the afterlife (spiritual).
• 😀 Islamic law operates on principles of benefit (*kemaslahatan*) and harm prevention (*menolak kemudaratan*), aiming to safeguard religion, life, intellect, lineage, and property.
• 😀 The sources of Islamic law include the Quran, Hadith, consensus (*Ijma*), and analogy (*Qiyas*), with secondary sources like Istihsan also being considered by scholars.
• 😀 The distinction between *syariat* (divine law) and *fikih* (human interpretation) is crucial, as *syariat* represents Allah’s will, while *fikih* involves human scholarly interpretation.
• 😀 In Indonesia, Islamic law has been present since the 11th century and has evolved through interactions with local cultures, Islamic principles, and political contexts.
• 😀 Islamic law in Indonesia has influenced the legal system, with modern applications seen in laws such as the Marriage Law of 1974, the Waqf Law, and the Compilation of Islamic Law.

Q & A

What is the meaning of 'hukum Islam' (Islamic law)?

Hukum Islam refers to the system of law derived from Islamic principles, which govern human relationships with God and fellow humans. It encompasses both religious and legal norms, guiding behaviors in matters of faith, morality, and social interaction.

What is the difference between syariat and fikih in Islam?

Syariat is the divine law or guidance given by Allah, encompassing the commands and prohibitions for human behavior. It is considered static and unchanging. Fikih, on the other hand, refers to the understanding and interpretation of syariat by Islamic scholars. It is more dynamic, as it is the practical application of syariat in real-world situations.

How does the term 'qonun' relate to Islamic law?

Qonun refers to laws or regulations created by human societies, particularly in the Arab world. While it may align with Islamic principles, it is not inherently tied to Islam, as it can pertain to secular legal systems and not just Islamic ones.

What is the main goal of Islamic law (hukum Islam)?

The main goal of Islamic law is to ensure the welfare and benefit of humanity, both in the worldly (dunya) and spiritual (ukhrawi) aspects. It aims to maximize benefit and minimize harm, guiding individuals towards good actions and away from harmful behaviors.

What are the five essential functions of syariat (Islamic law)?

The five functions of syariat are: (1) protecting religion, (2) protecting life, (3) preserving intellect, (4) protecting lineage, and (5) protecting property. These functions ensure that Islam maintains moral, social, and legal order in society.

What is the relationship between fikih and syariat?

Fikih is the human understanding and interpretation of syariat, which is the divine law. While syariat reflects Allah's will, fikih represents the legal rulings derived by scholars based on syariat. In essence, fikih seeks to apply syariat to everyday life.

What is the significance of the concept of 'mashlahah' in Islamic law?

Mashlahah refers to the concept of public welfare or benefit, which is a key principle in Islamic law. It emphasizes the importance of laws and actions that contribute to the overall good of society, while avoiding harm or detriment to individuals or the community.

What are the sources of Islamic law (sumber hukum Islam)?

The sources of Islamic law are primarily divided into two categories: (1) 'muttafaq alaih', which includes universally accepted sources like the Qur'an, Sunnah (Hadith), Ijma' (consensus of scholars), and Qiyas (analogy); and (2) 'mukhtalafih', which includes sources that are debated among scholars, such as Istihsan (juridical preference) and Urf (customary practices).

What is the role of 'ijma' in Islamic law?

Ijma refers to the consensus or agreement of Islamic scholars on a legal issue that was not addressed during the time of the Prophet Muhammad. It serves as a source of law when there is no direct guidance from the Qur'an or Sunnah, ensuring the adaptability of Islamic law to new circumstances.

How has Islamic law been integrated into the legal system of Indonesia?

Islamic law has been present in Indonesia since the 11th century, influencing local legal practices. Over time, it became part of the formal legal system through laws such as the Marriage Law (Undang-Undang Perkawinan), the Waqf Law, and the Compilation of Islamic Law, which were adopted into Indonesian law after independence.