CIVILLAWAND

SHARI'AHIN
INDONESIA
Looks at Harmonization Law

By
Muhammad Razi Ibn Zakaria
G142778

Indonesia's Population Based on Religion

The repoblic of Indonesia (1945) has a population of approximately 235

million people, it is the world's most populous muslim country. The
Indonesian archipelago is inhabited by many ethnic groups, the largest
being the Javannes, who occupy the densely populated island of Java along
with other ethnic groups, such as the Sundanese (West Java) and the
Madurese (East Java). Muslim primarily Sunnis make up 86 per cent of
population. Other recognised religions are Protestantism (6%), Roman
Catholicism (3%), Hinduism (2%), and Buddhism (1%). Virtually everyone in
Indonesia speaks the official language, Bahasa Indonesia, although the
many ethnic groups in the archipelago also have their own languages.
(Source: Bartleby 2010)

Definitions

Shari'ah :is the provisions related to regulation of human acts that change caused by
change of apostles (rasul). Shari'a law which came later cancel (naskh) the shariah came
earlier.(WahbahAl-Zuhaili).
However, I mention here also about Islamic law, the Muslim jurists give us a definition of
islamic law, it as ; a communication from Alllah, the Exalted, related to the acts of the subjects
through a demand or option or through a declaration.

Civil Law : The system of law concerned with private relations between members of a
community rather than criminal, military, or religious affairs. The system of law predominant on
the European continent and of which a form is in force in Louisiana, historically influenced by
the codes of ancient Rome.
Harmonization of Law : is a process in which diverse elements are combined or adapted to
each other so as to form a coherent hole while retaining their individuality. In its relative
sense, harmonisation is the creation of relationship between diverse things. Its absolute and
most common meaning, however, implies the creation of relationship of accord or
consonance.

Short History Of Islamic Law In Indonesia

The Period until 1920

The period from 1920 until 1965

The period from 1965 until 1985

The period from 1985 until the Present

The Period Until 1920

Syariah and scholars between three fires

The dutch east India company

In 1596, Dutch merchant ships arrived in search of spices. Initially, the Dutch East India Company
(VOC), a powerfull mercantile corporation, operated from small trading stations along the coast. This
became clear when the VOC ordered various compendia of indigenous law to be drafted.

The Colonial state and shari'ah

During this period, no statisfactory overall policy was made for the colonial administration of justice.
As a consequence, also the position of the sharia remained unclear and ambiguous.

Legislative policies, adat law, and shariah in the late colonial state
Around 1900, various colonial administrators and scholars proposed the replacement of the existing
legal dualism with a system of uniform private law codes based on the Dutch for all inhabitants. After
a long political and academic struggle, the letter succeeded in convincing the Dutch parleament and
government to stick to the prulalistic system and retain the indigenous law of the native, rejecting
proposals for full unification of private laws.

The period from 1920 until 1965

The rise of nationalism, Independence, and Sukarno's rule

In 1922, the colonial government established a commission for the reorganisation of the Religious
Council. In addition to muslims leaders and javaness local rulers (bupati or regent), this commusion
included Hussein Djajadiningrat, the government's Deputy-Advisor for Native Affairs, and the professor
of adat law Ter Haar. In addition, an Islamic Court of Appeals (Mahkamah Islam Tinggi) was
established for the whole of jJava and Madura.

The end of colonialism and the birth pangs of independence

From the end of 1944, when independence was in sight, a secret council of prominent Indonesians
began meeting in order to advise the Japannese on administrative affairs. The agenda of these
discussions include the position of Islam.

Islamist rebellions, islamic politics, administration, and law in the young repoblic
After independence, the Religious Courts remained in place, in accordance with the constitution's
transitional provision that all laws and state institutions would remain unchange as long as they did not
conflict with the new constitution. The first twenty years of the young Indonesian republic, led by
Sukarno from 1945 until the beginning of the New Order in 1965/1966, constitude a period of much
military, political, and ideological tension and conflict.

The period from 1965 until 1985

The heyday of Suharto's New orde

On 30 September 1965, the army allegedly foiled an attemted leftist coup.
This sparked off an immense power struggle, which eventually devolved
into a huge massacre in which the army - backed by Muslim groups imprisoned and murdered hundreds of thousands of communist and
communist sympathisers. Sukarno lost his authority.

The council of Indnesian Religious Scholars (MUI)

During the 1970 there was little trust between the governmet and the
conservative religious leaders. In reaction to this, in 1975, Suharto, in his
usual, crafty manner, attended to the creation of a nasional Council of
Indonesian Religious Scholars, the Majelis Ulama Indonesia (MUI).

The period from 1985 until the Present

The late New orde, the Reformasi, and recent

development
The fall of Suharto, winds of constitional change, and
the Islamic exis
Decentralisation and Local shari'ah-based regulations
Dynamics of Islam and politics from Abdurrahman
Wahid to Megawati

The Precidency of SBY (Susilo Bambang Yudhoyono)

The precidency of Jokowi (Joko Widodo)

Challenges On Application Of
Islamic Law In Indonesia

Secularism

Contrast between shari'ah and Positive (Nasional) law.

The challenges in the form of parties since the beginning have

antipathy towards Islam and Islamic law. They are the bearers
of a particular religion and ideology out of Islam, especially
those that have a difficult to beat Islam community. They
always propagate the negative image of Islam and Islamic law.
The resistance of those who reject Islamic law because of not
understand about Islamic law (Ahlu al-jahl).
Ect.

Civil law and Shariah: Looks at

Harmonization Law

Harmonization of Shariah and civil law may sometimes pose a question of language and style of
presentation, without involving substantive legislation and ijtihad.
As noted,, harmonization is open to the mutual impact of both the Shari'ah and civil law on one
another. Certain aspects of civil law can be made Shari'ah-compliant through amendment, either
subtantive or procedural, of an existing statute in accordance with normal legislative procedures.
Harmonization can be perceived either as a dogmatic and totalitarian activity that demands total
harmony between its various componets.
Harmonization can not be entertained between two diametrically opposing position, e.g. the
two diffeerent possitions of Shariah and civil law on banking interest (riba), one prohibitive, the
other permissive.
Harmonization can be a prospect with discussion of conflict and preference (al-ta'arud wa altarjih),

Conclusion
Looking at the various concepts of harmonization
one may say that some of them have been devised
out of expediency. Then, the harmonisation in
Indonesia between Shariah and civil law can be gain
it with discussion of conflict and preference (altaarudh wa altarjih).

References

Wahbah Al-Zuhaili, al-Tafsir al-Munir fi al-Aqidah wa al-Syari'a wa al-Manhaj, Vol :VI,

Beirut : Dar al-Fikri, 1991)
Prof. Dr. H. Suparman Usman, S.H, Hukum Islam (Islamic Law), Vol. I, (Jakarta: Pt. Gaya
Media Pratama, 2001)
Muhammad Hasyim Kamali, Islamic Law and Society, Vol 14,

Salam

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