Al-Istinbath
Jurnal Hukum Islam

Vol. 8. No. 1, May 2023, 93-116
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

Transformation and Future Challenges of Islamic Law in
Indonesia
A. Malthuf Siroj1, Ismail Marzuki2*, Elkhairati3
Universitas Nurul Jadid Paiton, Indonesia1,2
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi, Indonesia3
Corresponding Author: *ismail.mz2805@gmail.com
DOI: https://dx.doi.org/10.29240/jhi.v8i1.6618
Received: 08-02-2023
Revised: 14-04-2023
Cite this article:

Accepted: 07-05-2023

Siroj, A., Marzuki, I., & Elkhairati, E. (2023). Transformation and Future
Challenges of Islamic Law in Indonesia. Al-Istinbath: Jurnal Hukum
Islam, 8(1 May), 95-116. doi:http://dx.doi.org/10.29240/jhi.v8i1.6618

Abstract
This study aims to investigate the transformation of Islamic law
starting from pre-entry of Islam to Indonesia, entry of Islam,
colonialism, and independence to current reformation in Indonesia,
as well as various challenges to the formalization of Islamic law. The
method used was a qualitative method with the type of library
research namely by researching and reviewing legal materials that
include primary legal materials, secondary legal materials, and
tertiary legal materials that relevant to the object of this research.
The results show that pre-entry of Islam to Indonesia, the
applicable law was adat law, then since the entry of Islam into
Indonesia, Islamic law has been well accepted and implemented by
the community, and even its existence has gained legitimacy from
both legal experts and the Dutch government. After Indonesia's
independence, especially during the Old Order era, Islamic law did
not transform significantly. During the New Order after such party
collapsed, Islamic law began to transform significantly. Although
since the reform period, Islamic law has transformed significantly,
the challenges of Islamic law are serious, both internal and external.
The most dominant internal challenges among are not fully codified
Islamic law, Indonesian pluralistic condition, politics of the rulers'
law, misconceptions of some legal experts about Islamic law, and
other. Meanwhile, external challenges include influence of
transnational ideologies which give a negative stigma against Islam,
Copyright © 2023 A. Malthuf Siroj, et. al
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0
International License

94 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

the development of Western ideologies that clash with Islamic law
and the human rights, and strong influence of the domination of
Western law in Indonesia.
Keywords: Transformation; Islamic Law; Custom Law; Western
Law; Future Challenge
Introduction
In the last few decades, studies in the field of law in various aspects have
attracted the attention of experts in various fields. In general, this study covers a
lot of environmental problems1, education2, technology3, health4, economic5,
family6, and even religion7. Some of these problems are studied because the
essence of people's life is always interesting and dynamic, while if the law is not
called static, it always requires adjustments to the development of community
life, especially social life.
Social life is closely related to religion, especially for most groups in
society, religion is an essential part and becomes the main foundation in living
life. Even in state politics, there are several countries that make religion a system
of government. For example, Saudi Arabia made the Qur'an and Sunnah as the
constitution8, United Arab Emirates (United Arab Emirates), which in its
governmental system states as an Islamic state based on the Qur'an and

1Nicholas P. Cheremisinoff, “Enviromental Laws and Regulatory Drivers,” in
Handbook of Solid Waste Management and Waste Minimization Technologies (Elsevier, 2003), 23–33,
https://doi.org/10.1016/B978-075067507-9/50003-6.
2Bijetri Bose and Jody Heymann, “Do Inclusive Education Laws Improve Primary
Schooling among Children with Disabilities?,” International Journal of Educational Development 77
(September 2020): 102208, https://doi.org/10.1016/j.ijedudev.2020.102208.
3Unal Tatar, Yasir Gokce, and Brian Nussbaum, “Law versus Technology: Blockchain,
GDPR, and Tough Tradeoffs,” Computer Law & Security Review 38 (September 2020): 105454,
https://doi.org/10.1016/j.clsr.2020.105454.
4James F. Thrasher, John C. Besley, and Wendy González, “Perceived Justice and
Popular Support for Public Health Laws: A Case Study around Comprehensive Smoke-Free
Legislation in Mexico City,” Social Science & Medicine 70, no. 5 (March 2010): 787–93,
https://doi.org/10.1016/j.socscimed.2009.10.064.
5Endang Retnowati, “Nelayan Indonesia dalam Pusaran Kemiskinan Struktural
(Perspektif Sosial, Ekonomi dan Hukum),” Perspektif 16, no. 3 (May 27, 2011): 149,
https://doi.org/10.30742/perspektif.v16i3.79.
6Hilal Mallarangan, “Pembaruan Hukum Islam dalam Hukum Keluarga di Indonesia,”
Hunafa:
Jurnal
Studia
Islamika
5,
no.
1
(April
15,
2008):
37,
https://doi.org/10.24239/jsi.v5i1.150.37-44.
7Mun’im A. Sirry, Membendung Militansi Agama: Iman Dan Politik Dalam Masyarakat
Modern, Seri Islam & Modernitas (Ciracas, Jakarta: Erlangga, 2003).
8Budi Harianto, “Sistem Ketatanegaraan Saudi Arabia Dalam Konteks Pergantian
Kekuasaan Perspektif Siyasah Dusturiyah” (Universitas Islam Negeri Sunan Kalijaga, 2019),
http://digilib.uin-suka.ac.id/37146/1/15370008_BAB-I_V_DAFTAR-PUSTAKA.pdf.

A. Malthuf Siroj, et. al: Transformation and Future…….| 95

Sunnah9and so forth. The portrait of religion which is used as a system of
government by the two countries, one of the factors is because the majority of
the population is Muslim. Uniquely, Indonesia, as a country with the largest
Muslim community in the world, does not make religion as a state constitution
or as a system of government, in the sense of being an Islamic state. On the
other hand, Indonesia does not claim itself as a secular state, which separates the
relationship between religion and state in a dichotomous way. The relationship
between religion and state in Indonesia can be seen in the first precepts in
Pancasila and Chapter XI of the 1945 Constitution which are implicitly
understood as a symbiotic-mutualistic relationship, such as two sides of a coin,
which, although different, cannot be separated because they both need each
other10.
However, the issues surrounding the application of Islamic law do not
mean that they do not occur in Indonesia. There are many legal rules made by
the government based on authoritative sources in Islamic law, such as the
Islamic Law Compilation (KHI) which contains formulations on Islamic
marriage law, Islamic inheritance law, Islamic Waqf Law and so on.
Furthermore, Law Number 21 of 2008 which regulates Sharia Banking and Law
Number 8 of 2019 specifically regulates the implementation of the Haj and
Umrah pilgrimage. In addition, the government has also formed institutions that
specifically handle various issues in the field of Islamic law, such as the
Indonesian Ulama Council which, among others, has the authority to issue
fatwas on the determination of halal certification and explore Islamic law on
various other contemporary issues 11, Religious Courts / High Religious Courts
whose duties are to examine and decide various cases involving Muslim parties
in the fields of marriage, inheritance, wills, grants, waqf, zakat, infaq, shadaqah,
and shari'ah economics 12, there is also the Office of Religious Affairs which has
the authority, among other things, to regulate marriage administration for
Muslim brides 13, and many more.
9KBRI Abu Dhabi, “Kedutaan Besar Republik Indonesia Di Abu Dhabi Uni Emirat

Arab,” 2018, https://kemlu.go.id/abudhabi/id/read/persatuan-emirat-arab/2307/etc-menu.
10Ali Ismail Shaleh and Fifiana Wisnaeni, “Hubungan Agama dan Negara Menurut
Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945,” Jurnal
Pembangunan
Hukum
Indonesia
1,
no.
2
(May
29,
2019):
237–49,
https://doi.org/10.14710/jphi.v1i2.237-249.
11Mutimmatul Faidah, “Sertifikasi Halal Di Indonesia Dari Civil Society Menuju Relasi
Kuasa Antara Negara dan Agama,” Islamica: Jurnal Studi Keislaman 11, no. 2 (February 27, 2017):
449, https://doi.org/10.15642/islamica.2017.11.2.449-476.
12Suherman Suherman, “Kedudukan dan Kewenangan Peradilan Agama di Indonesia,”
Al-Mashlahah Jurnal Hukum Islam Dan Pranata Sosial 5, no. 09 (2017),
http://dx.doi.org/10.30868/am.v5i09.189.
13Mufid Mukhorobin, “Efektivitas Tugas Dan Fungsi Pembantu Pegawai Pencatat
Nikah Di KUA Kecamatan Sukorejo Kabupaten Ponorogo.” (Sekolah Tinggi Agama Islam
Negeri
Ponorogo,
2016),

96 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Interestingly, even though Indonesia has various legal products and
institutions with Islamic nuances, this does not necessarily mean that Indonesia
is a state with Islamic law or a country with Islamic ideology. This is because
this country has a plurality of various aspects, both socially and religiously. The
Indonesian nation consists of multiethnic, ethnic, cultural, linguistic, customs,
beliefs, and even religions, which make every difference a strength with the
slogan Unity in Diversity 14and based on the Pancasila ideology. Furthermore,
because of the social and religious diversity that the Indonesian nation
possesses, the legal system that applies in Indonesia is also diverse. Some people
are subject to the Islamic legal system, others are subject to their respective
customary law systems, and on the other hand they must also submit to the
positive legal system (Western law). The three legal systems live in harmony,
complement each other, and continue to develop in the midst of society. Islamic
law affects the style of law in Indonesia because the majority of the population
is Muslim, while customary law applies because it is an original law that grows
and develops from the customs of society 15.Meanwhile, Western law is also
strong because Indonesia is a former Dutch colony. However, the study of how
Islamic law was transformed starting from the era before Islam entered
Indonesia, the colonial era, the era of independence which included the old and
new order era and the current reform era is rarely studied by a small number of
experts. Therefore, it is very important to investigate the transformation of
Islamic law in Indonesia from time to time.
This study is very important, because Indonesia is currently trying to
reform national law, while Islamic law is a part or sub-system of national law.
Therefore, Islamic law needs to be used as an object of study, so that the
national legal reform agenda also includes the notion of reforming Islamic law
itself, taking into account various factors and challenges in Islamic law which
can be transformed into reforming national law, so that future national legal
products are born that are responsive, adaptive, and dynamic.
The author does not deny studies of the transformation of Islamic law
from previous researchers, for example, the research entitled "Transformation
of Islamic Law on Indonesian Society" written by Hesti Nur Hidayah and Ashif
Az Zafi in the Journal of Reformasi Hukum Vol. 24 No. 2 of 2020, this study
http://etheses.iainponorogo.ac.id/1404/1/Mufid%2C%20Abstrak%2C%20BAB%20IIV%2C%20DP.pdf.
14Parsudi Suparlan, “Bhinneka Tunggal Ika: Keanekaragaman Sukubangsa Atau
Kebudayaan?,”
Antropologi
Indonesia
0,
no.
72
(July
24,
2014),
https://doi.org/10.7454/ai.v0i72.3472.
15Zaka Firma Aditya, “Romantisme Sistem Hukum Di Indonesia : Kajian Atas
Konstribusi Hukum Adat Dan Hukum Islam Terhadap Pembangunan Hukum Di Indonesia,”
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 8, no. 1 (May 15, 2019): 37,
https://doi.org/10.33331/rechtsvinding.v8i1.305.

A. Malthuf Siroj, et. al: Transformation and Future…….| 97

confirms that with the transformation of Islamic law in Indonesia in the form of
the Compilation of Islamic Law (KHI), the community already has positive laws
that are following their beliefs and is expected to be able to resolve various
problems faced by Muslim communities who have tended to argue because of
differences opinion on an issue.16 Then study entitled "Transformation of
Islamic Law in Indonesia" was written by Darussalam Syamsuddin in the journal
Al-Qadau: Peradilan dan Hukum Keluarga Islam. This research results that the
transformation and institutionalization of Islamic law in Indonesia cover the
fields of culture, legislation and worship which are so clear in the midst of
people's lives. it's just that the study of Islamic law in this research was carried
out after Indonesia's independence.17 Another research related to the
transformation of Islamic law is research written by Siti Qomariyah entitled
"Transformation of Islamic Law in the National Legal System: Idealism and
Reality". Research published in the journal Penelitian Vol. 11 No. 1 of 2014
results that the transformation of Islamic law can be carried out in many fields
of law, both private and public law, both to form legal plurality and legal
unification, both exclusively for Muslims and inclusively for all citizens.18 Based
on these three studies, it is clear that there has not been any research that
examines the transformation of Islamic law from time to time in a
comprehensive and in-depth manner, starting from the period before Islam
entered Indonesia to the current reformation period, along with the various
challenges it will be faced in the future.
So this research focuses on examining the issue of whether the
transformation of Islamic law in Indonesia can be carried out, and the extent to
which Islamic legal theory and national legal theory allow this transformation to
be carried out. For this reason, this research uses a socio-legal approach with
descriptive qualitative methods, and the research paradigm used is the
constructivism paradigm because this research is intended to produce a
reconstruction of new thoughts or ideas. Among the theories used are the
constitution theory and the accommodation theory.
Discussion
Transformation of Islamic Law in Indonesia
Before explaining the transformation of Islamic law in Indonesia, it is
important to first understand the theory of constitution and the theory of
16 Hestinur Hidayah and Ashif Az Zafi, “Transformasi Hukum Islam Pada Masyarakat
Di Indonesia,” Reformasi Hukum 24, no. 2 (December 7, 2020): 114–29,
https://doi.org/10.46257/jrh.v24i2.118.
17 Darussalam Syamsuddin, “Transformasi Hukum Islam Di Indonesia,” Jurnal AlQadau: Peradilan Dan Hukum Keluarga Islam 2, no. 1 (2015): 1–14.
18 Siti Qomariyah, “Transformasi Hukum Islam Dalam Sistem Hukum Nasional:
Idealisme Dan Realitas,” Jurnal Penelitian 11, no. 1 (2014): 1–19.

98 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

accommodation used in analyzing the object of this research. The constitutional
theory referred to in the political framework of Islamic law in Indonesia is the
transformation of the values of religious law (Islam) into Indonesian national
law, which is an obligation based on the state constitution to build a national
legal system through a democratic constitutional mechanism. This constitutional
theory is built based on the argument that structurally the 1945 Constitution
places religion in a high position, by recognizing the idea of Belief in One
Almighty God in the life of society, nation, and state.19 The idea of a Supreme
God is not only affirmed in the preamble of the 1945 Constitution but also
becomes the first precept in Pancasila as the ideology and philosophy of the
Indonesian nation. Meanwhile, the accommodation theory is built based on the
argument that the state is obliged to accommodate all subsystems of national
law into state legislation by using Islamic law as a benchmark for the law
adopted by the majority of Indonesian society.20 The wider adoption of Islamic
legal values into the national legal system in various forms of legislation and
existing legal institutions shows that there has been an agreement with legal
awareness in Indonesian society.
Empirically speaking, the transformation of Islamic law in
Indonesiacannot be separated from the long history of the founding of the
Indonesian nation. It can be traced at least from the period before
independence and the period after Indonesian independence. These periods, if
examined further, have 3 main phases. There are 3 phases before Indonesia's
independence, namely the period before Islam came to Indonesia, the period
after Islam came to Indonesia, and the colonial colonial period in Indonesia.
Meanwhile, the 3 phases in the period after Indonesian independence are the
old order period, the new order period, and the reformation period until now.

Before Independence Period

• Pre Islamic Phase (7 b.c.)
• The Entry Phase of Islam
(7 c.)
• Colonization Phase
(1596-1945)

After Independence Period

• Old Order Phase (19451966)
• New Order Phase (19661998)
• Reformation phase to
date (1998-to date)

Figure 1. Period of Transformation of Islamic Law in Indonesia
19 Abdul Halim, “Membangun Teori Politik Hukum Islam Di Indonesia,” Ahkam XIII,
no. 2 (2013): 259–70.
20 Halim.

A. Malthuf Siroj, et. al: Transformation and Future…….| 99

In the pre-Islamic period, based on a series of research results
conducted by experts, it was stated that the people of the archipelago had
shared values and norms that were respected and obeyed in the form of
customs and / or customary regulations which were varied and very diverse in
nature and form. These customary regulations have existed since the time before
Hinduism from Gujarat India entered Indonesia. According to experts, the
customs that lived and prevailed in the archipelago at that time were Polynesian
Malay customs 21.In line with this view, G.A. Wilken and C. Van Vollenhoven
stated that before the arrival of “import” religions to Indonesia, such as Islam,
Christianity, Hinduism, Buddhism, and Confucianism, rules based on adat were
deeply rooted in rural areas, and even community loyalty to adat. very high 22.
When Islam entered and spread to various regions in Indonesia, Islamic
law was followed and implemented by its adherents. This means that Islamic law
was only known by the public when Islam was spread in Indonesia and the
Islamization process took place peacefully. Not found in various manuscripts or
reports stating that Islam was spread by means of revolutionary or violent
means, but through a cultural approach by making a series of adaptations with
the local social culture which is already deeply rooted, so that slowly Islam can
be well accepted by the people of the archipelago 23.Based on the results of the
Seminar on the Entry of Islam in Indonesia which was held in Medan in 1963, it
is known that Islam entered Indonesia in the 1st century Hijriyah or 7/8 AD
24
.The peak of the practice of Islamic law in the archipelago occurred when
Islamic kingdoms emerged, such as the Kingdom of SamuderaPasai in the 13th
century AD, which was followed by the Kingdom of Demak (1500 AD), Aceh
Darussalam (1514), Banten (1568), and other kingdoms. The scholars in this era
were given positions as advisors to the king and held various religious positions
with different levels and names in each region25.One of the many evidences
regarding the acceptance of Islamic law in Indonesia is the adoption of the
Syafi'i school in the Pasai Kingdom area, the existence of a religious court
institution in the Cirebon Papakeum (Kitab), the Penghulu Court in Java, the
Syari'ah Court in the Islamic Sultanate in Sumatra, and the Qadli Court in the
21Hilman Syahrial Haq, Pengantar Hukum Adat Indonesia (Klaten: Lakeisha, 2020).
22Ratno Lukito, Pergumulan antara hukum Islam dan adat di Indonesia, INIS 35 (Jakarta:
INIS, 1998).
23Moch. Arif Budiman, “Melacak Praktik Pengelolaan Zakat Di Indonesia Pada Masa
Pra-Kemerdekaan,” Khazanah: Jurnal Studi Keislaman Dan Humaniora 3, no. 1 (2005),
http://dx.doi.org/10.18592/khazanah.v3i1.3160.
24Ahmad Azhar Basyir, “Hukum Islam Di Indonesia Dari Masa Ke Masa,” Unisia:
Jurnal
Ilmu-Ilmu
Sosial
16,
no.
Tahun
XIII
Triwulan
V
(1992),
https://doi.org/10.20885/unisia.v0i16.5599.
25Dahlia Haliah Ma’u, “Eksistensi Hukum Islam Di Indonesia (Analisis Kontribusi
Dan Pembaruan Hukum Islam Pra Dan Pasca Kemerdekaan Republik Indonesia),” Jurnal Ilmiah
Al-Syir’ah 15, no. 1 (January 3, 2018), https://doi.org/10.30984/as.v15i1.471.

100 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Sultanate of Banjar and Pontianak 26.In addition, in the Palembang and Banten
sultanates, there are several books of Islamic law which are used as normative
references in resolving various legal cases that occur. This means that factually,
Islamic law has its own position in the social life of Indonesian society27.
Furthermore, during the early days of the Dutch arrival to the
archipelago (1596-1945), the existence of Islamic law as a living law in the midst
of society was recognized by a Dutch legal expert named Van den Berg, with his
receptio in complex theory which stated that the applicable law in Indonesia was
law. in accordance with the religious beliefs of its adherents28. For Muslims, the
applicable law is Islamic law, while for those who are non-Muslim, the
applicable law is the law in accordance with their religion. Even Islamic law
once gained the legitimacy of its implementation positively during the VOC
period on May 25, 1670, namely the publication of the Freijer Compendium
resolution which contained a compilation of Islamic law consisting of marriage
law and inheritance law 29. However, when the Dutch viewed Islam as a religion
capable of destroying its political ambitions in the archipelago, it created various
pressures and policies that were very detrimental to Islam itself. The
Netherlands deliberately collides customary culture with Islamic teachings, but
that does not mean that the Netherlands defends customary law for the benefit
of the indigenous community, but only as a means of politicizing to perpetuate
power in its colony30. The conflict approach between customary law vis a vis
Islamic law is what causes the harmony between the two legal systems to be
disturbed.
Entering the beginning of the 19th century with the end of VOC control
and the start of direct rule by the Kingdom of the Netherlands, Islamic law
gradually began to be castrated by the Dutch colonial authority through
Staatsblad 1937 Number 116. This rule was the result of Ter Haar's
recommendation, which contained, among others; Islamic inheritance law has
not been fully accepted by the community, the authority of Raad Religion in
26Muhammad

Siddiq Armia, “Sumbangsih Kerajaan Muslim Indonesia Dalam
Pengembangan Peradilan Islam: Analisis Historical Legal Approach,” Jurnal Justisia:Jurnal Ilmu
Hukum,
Perundang-Undangan,
Dan
Pranata
Sosial
2,
no.
2
(2017),
http://dx.doi.org/10.22373/justisia.v2i2.2653.
27A. Malthuf Siroj, Pembaruan Hukum Islam Di Indonesia: Telaah Kompilasi Hukum Islam,
Cetakan II (Kalangan, Yogyakarta: Pustaka Ilmu, 2017).
28Ma’u, “Eksistensi Hukum Islam Di Indonesia (Analisis Kontribusi Dan Pembaruan
Hukum Islam Pra Dan Pasca Kemerdekaan Republik Indonesia).”
29Arso Sastroatmodjo A. Wasit Aulaw, Hukum Perkawinan Di Indonesia (Jakarta: Bulan
Bintang, 1975).
30Muhammad Roy Purwanto Atmathurida, Giyanto, “Hukum Islam Dan Hukum Adat
Masa Kolonial: Sejarah Pergolakan Antara Hukum Islam Dan Hukum Adat Masa Kolonial
Belanda,”
An-Nur:
Jurnal
Studi
Islam
1,
no.
2
(2005),
https://dspace.uii.ac.id/handle/123456789/4390?show=full.

A. Malthuf Siroj, et. al: Transformation and Future…….| 101

inheritance cases is revoked and transferred to Landraat, Raad Religion is under
Landraat's supervision, and decisions of religious courts cannot be implemented
without executoirverklaring from the head of Landraat31. In addition, Dutch
support for the implementation of Islamic law was limited to issues in the family
sector, including disputes between Muslim husbands and wives, various cases
such as marriage, divorce, and reconciliation between Muslims who need Islamic
religious judges, and dowry case. Meanwhile, the issue of grants, endowments,
inheritance, wills, hadhanah, sadaqah, baitul mal, which was originally part of the
authority of the religious court, has been changed to become the authority of
the general court.32.This is supported by the receptie theory of Dutch customary
law experts named S. Hurgronje and C. van Vollenhoven. According to them,
the law that lives in Nusantara society is customary law which has been inherited
from generation to generation, not Islamic law. In fact, according to S.
Hurgronje, Islamic law can only apply when it has been accepted by customary
law and becomes customary law. This is based on his research on the Islamic
community of Aceh and Gayo that what applies to them is not Islamic law, but
customary law. Even though customary law has the influence of Islamic law,
this influence will have legal force if it has been accepted by customary law 33.So,
what determines whether or not Islamic law will apply is customary law. This
theory was responded critically by Hazairin, an expert on customary law and
Islamic law from Indonesia by saying that the theory of receptiveness is a devil's
theory, because it invites Muslims to disobey the commands of Allah SWT and
the Sunnah of the Prophet SAW. He then argued that customary law could only
apply if it did not conflict with Islamic law. Customary law that is not in line
with Islamic law must be rejected, issued and/or opposed. This opinion is
hereinafter referred to as the receptie a contrario theory34.
Approaching the seconds of Indonesia's independence, Islamic leaders
in BPUPKI struggled to place Islamic law in its original position, namely before
the arrival of the Dutch to Indonesia and sought to make Islamic law exist in
the archipelago. This struggle, among other things, resulted in the draft of the
Constitution with the Jakarta Charter as its muqaddimah. The seven words
contained in the Jakarta Charter "... with the obligation to carry out Islamic law
for its adherents" are clear evidence that Muslims in Indonesia have strong ties
to Islamic law. However, the seven words in the Jakarta Charter were deleted
and not used after compromising and for the sake of maintaining the integrity of
31Aditya, “Romantisme Sistem Hukum Di Indonesia.”

32Ma’u, “Eksistensi Hukum Islam Di Indonesia (Analisis Kontribusi Dan Pembaruan

Hukum Islam Pra Dan Pasca Kemerdekaan Republik Indonesia).”
33Mohammad Daud Ali, Asas-asas hukum Islam: hukum Islam I : pengantar ilmu hukum dan
tata hukum Islam di Indonesia (Jakarta: Rajawali Pers, 1991).
34Ma’u, “Eksistensi Hukum Islam Di Indonesia (Analisis Kontribusi Dan Pembaruan
Hukum Islam Pra Dan Pasca Kemerdekaan Republik Indonesia).”

102 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

the nation, so that at the time of the proclamation of Indonesian independence
the formula used was "God Almighty" 35.
Since the Indonesian nation declared its independence on August 17,
1945, there has been a spirit to leave the Dutch product law. This nation wants
to have a legal product that is based on the values that live in society, including
applying sharia or Islamic law. However, the formalization of Islamic law in the
form of positive law has never received a clear political agreement. This is due
to the absence of an understanding of the nature of Islamic law in terms of its
application. Some groups want the application of Islamic law in a formal, legal
manner, while others want Islamic law to apply substantially and become a
source of positive national law. Therefore, in every period of post-independence
Indonesian government to date, there are legal products that contain Islamic
legal values in principle 36. For example, during the Old Order Government
(1945-1966) there was a Government Decree No. 1 / S.D. January 3, 1946
which legalized the establishment of the Ministry of Religion. According to R.
Moh. Kafrawi, the formation of the Ministry of Religion resulted from the
original Indonesian formula which contained a compromise between two faceto-face concepts, namely the Islamic system which required a union between
religion and state and a secular system which wanted a separation between the
two.37 In addition, Law Number 22 of 1946 concerning Registration of
Marriage, Divorce and Referral was also issued and to implement and
implement the Law the state then issued Instruction of the Minister of Religion
Number 4 of 1947 concerning the Appointment of Marriage Registration
Employees (PPN).38 Several years later, in 1954 to be precise, Law no. 32 of
1954 concerning the Enactment of the Law of the Republic of Indonesia on 21
November 1946 Number 22 of 1946 concerning the Registration of Marriage,
Divorce and Referral in all areas outside Java and Madura 39.In 1957, the
35Aris Rauf & Muhammad Sabir, “Transformasi Hukum Islam Dalam Bentuk Al
Uqubah: Penerapan, Prospek Dan Tantangan Pemberlakuan Hukum Pidana Islam Di
Indonesia,” Al-’Adalah: Jurnal Syari’ah Dan Hukum Islam 5, no. 2 (2020),
https://doi.org/10.31538/adlh.v5i2.789.
36Muhsin Aseri, Hukum Islam Di Indonesia (Politik Hukum Orde Lama Hingga Reformasi
(Banjarmasin:
Pascasarjana
UIN
Antasari,
2020),
http://idr.uinantasari.ac.id/14689/1/Dr.%20H.%20Muhsin%20Aseri%2C%20M.Ag.%20M.%20H..pdf.
37Kementerian Agama RI, “Sekilas Tentang Kementerian Agama,” Sekilas Tentang
Kementerian Agama (blog), 2021.
38Ahmad Rajafi, “Hukum Keluarga Islam Di Indonesia: Dari Orde Lama Hingga Orde
Reformasi,”
AL-’ADALAH
14,
no.
2
(December
30,
2018):
311,
https://doi.org/10.24042/adalah.v14i2.2059.
39Ahmad Rajafi, “The Renewal Movement of Islamic Family Law In Indonesia (Politics
of Islamic Law from Old Order until Reformation),” in 1st Biennial Conference on Sharia and Social
Studies
2017
(Proceeding,
2017),
https://www.researchgate.net/profile/AhmadRajafi/publication/322498838_The_Renewal_Movement_of_Islamic_Family_Law_in_Indonesi
a_Politics_of_Islamic_Law_from_Old_Order_until_Reformation/links/5a5c3f280f7e9b5fb38c

A. Malthuf Siroj, et. al: Transformation and Future…….| 103

Government Regulation no. 45 of 1957 which formulated the formation of the
Religious Courts / Sharia Courts throughout the territory of the Unitary State of
the Republic of Indonesia. Then in the following years between 1960 and 1966,
the politics of Islamic law in Indonesia did not change too much, because at that
time the domination of the communist party was quite strong, in addition to the
political leadership of Soekarno and Suharto.40
Entering the New Order era (1966-1998), voices against the reform of
Islamic law were increasingly widespread and were often discussed by various
groups of society, both in the form of seminars, symposia, and entering the
legislative domain. The era of Soeharto's government gave birth to Law no. 14
of 1970 concerning Basic Provisions of Judicial Power which place the Religious
Court as one of the state court institutions, apart from the District Court,
Military Court, and State Administrative Court. In subsequent developments,
Law Number 7 of 1989 concerning Religious Courts was issued which
specifically placed the Religious Courts within the national legal system and
order as a whole. Then in 1974, Law no. 1 of 1974 concerning Marriage, which
in the process of its formation since the Old Order until it succeeded in
becoming lex positiva during the New Order era went through quite
complicated political struggles. This is due to the influence of de-Islamization of
Islamic law on the one hand and the formalization of Islamic law on the other
41
.This was followed by the issuance of Implementing Regulations for the
Marriage Law, namely Government Regulation (PP) Number 9 of 1975 which
regulates the formulation of marriage registration, procedures for implementing
marriage, procedures for divorce, and other issues related to marriage issues. In
1991, the struggle of Muslims continued to form legal products that were in line
with their beliefs and was proven by the presence of a material law called the
Islamic Law Compilation (KHI) which was contained in Presidential Instruction
No.1 of 1991 concerning the Dissemination of Islamic Law Compilation (KHI).
Historically, the idea of the Compilation of Islamic Law (KHI) emerged from
the elite circles of power which was motivated by the judicial technical problems
of the religious courts 42in order to realize legal certainty. This means that in the
practice of examining cases at the Religious Courts prior to 1991, judges
referred to various sources of Islamic law, so that their decisions created legal
uncertainty. Therefore, in a material way, the preparation of the provisions of
the formulation in the Islamic Law Compilation (KHI) refers to approximately

d1e2/The-Renewal-Movement-of-Islamic-Family-Law-in-Indonesia-Politics-of-Islamic-Lawfrom-Old-Order-until-Reformation.pdf.
40Aseri, Hukum Islam Di Indonesia (Politik Hukum Orde Lama Hingga Reformasi.
41Siroj, Pembaruan Hukum Islam Di Indonesia.
42Siroj.

104 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

13 classical fiqh books and until now it is still used as a guideline for judges in
deciding cases submitted to him in the Religious Court43.
When the Reformation order rolled around (1999-present), efforts to
form positive law based on Islamic law continued to grow, but it was still partial
and only focused on civil issues. In an era that began with the leadership of B.J.
Habibie was born in Law no. 17 of 1999 concerning the Implementation of
Hajj, Law no. 38 of 1999 concerning Zakat Management. During this period,
Law no. 44 of 1999 in conjunction with Law no. 18 of 2001 in which the
government gave special autonomy to the Special Region of Aceh to implement
Islamic law in all its territories 44.
At the annual session of the People's Consultative Assembly (MPR) in
2000, several Islamic political parties continued to fight for efforts to enforce
Islamic law through legislative institutions, such as the Bulan Bintang Party
(PBB), the United Development Party (PPP), and the Prosperous Justice Party
(PKS). However, their efforts failed, because their cumulative number of votes
was only about 15% of the total votes of members of the DPR, while most
members of parliament rejected the application of Islamic law in Indonesia
45
.However, in the following years, Muslims have succeeded in fighting for
several laws and regulations that are closely related to the interests of Muslims,
such as Law no. 41 of 2004 concerning Waqf, Law no. 3 of 2006 which
increases the authority of the Religious Courts, Law no. 19 of 2008 concerning
State Sharia Securities, Law no. 21 of 2008 concerning Islamic Banking, Law no.
23 of 2011 concerning Zakat Management, and Law no. 8 of 2019 concerning
the Implementation of Hajj and Umrah Worship. In addition, as a consequence
of the existence of Law no. 22 of 1999 in conjunction with Law no. 32 of 2004
in conjunction with Law no. 23 of 2014 concerning Regional Government,
increasingly opens up opportunities for the application of Islamic law in various
regions. This phenomenon can be seen, for example, from the birth of several
regional regulations with Islamic nuances, such as Perda No. 3 of 2002
concerning the Prohibition, Supervision, Issuance and Sales of Liquor in

43Nurul Ma’rifah, “Positivisasi Hukum Keluarga Islam Sebagai Langkah Pembaharuan

Hukum Islam Di Indonesia: Kajian Sejarah Politik Hukum Islam,” Al-Manahij: Jurnal Kajian
Hukum
Islam
13,
no.
2
(November
28,
2019):
243–57,
https://doi.org/10.24090/mnh.v13i2.2692.
44Kamaruzzaman Bustamam-Ahmad, “The Aplication of Islamic Law in Indonesia:
The Case Study in Aceh,” Journal of Indonesian Islam 1, no. 1 (June 1, 2007): 135,
https://doi.org/10.15642/JIIS.2007.1.1.135-180.
45Noorhaidi Hasan, “Islamic Militancy, Sharia, and Democratic Consolidation in
Post‑Suharto
Indonesia,”
Nanyang
Technological
University,
2007,
https://dr.ntu.edu.sg/bitstream/10220/4399/1/RSIS-WORKPAPER_118.pdf.

A. Malthuf Siroj, et. al: Transformation and Future…….| 105

Bulukamba, South Sulawesi 46, Regional Regulation No. 30 of 2002 concerning
Management of Zakat, Infaq, and Shadaqah in Bandung, Perda No. 18 of 2004
concerning the Prohibition of Prostitution and Perda No. 4 of 2014 concerning
Al-Qur'an Reading Skills for Muslim students in Pamekasan47, including Perda
No. 2 of 2016 concerning Halal Tourism in West Nusa Tenggara Province, and
so on. In fact, several regions that are making efforts to formulate similar perda
to date which are still in the form of Regional Regulation Plans (Raperda) are
still ongoing. Regions that have produced many legal products based on Islamic
legal values in the form of regional regulations in Indonesia include Serang,
Pandeglang, Tangerang Garut, Indramayu, Tasikmalaya, Gresik, Pamekasan,
Bulukumba, Gowa, Sinjai, and Enrekang48.Even on February 2, 2021, when
President Jokowi issued Presidential Regulation No. 10 of 2021 concerning the
Investment Business Sector, one of the formulations of which regulates the
permissibility of investing in alcoholic beverages (alcoholic drinks) in 4 regions
of Indonesia including Bali, East Nusa Tenggara, North Sulawesi, and Papua, a
month after that the President withdrew the Presidential Decree after accepting
lots of input from ulama, community organizations such as Nahdlatul Ulama,
Muhammadiyah, the Indonesian Ulema Council, and so on, as well as a lot of
rejection from the wider community towards the Perpres49.
Based on the description above, it can be understood that Islamic law in
its various forms, both regional laws and regulations or other regulations,
practically in the context of governance in Indonesia is always intertwined with
political dynamics in Indonesia, which has been influenced by the configuration
of the political system in each. -Each period of government. This means that
even though in every period of government, both the Old Order, the New
Order, and the Reformation Order have created legal products based on Islamic
legal values, because of the different political configurations, the character levels
of the legal products are different. In addition, another important thing that
needs to be realized together is how Indonesian Muslims in the future will be
able to convince all parties to put Islamic law into a legal substance in the
direction and policy of national law development in order to create responsive,
populist, and acceptable legal development. all circles of Indonesian society50.
46Amril Maryolo AR, “Syariat Dan Perundang-Undangan : Proses Kebijakan Dan
Konten Perda Keagamaan di Bulukumba,” Mazahibuna: Jurnal Perbandingan Mazhab 1, no. 1
(2019), https://doi.org/10.24252/mh.v1i1.9378.
47Nasrullah Ainul Yaqin, “Adakah Pengaruh Penerapan Syariat Islam Di Pamekasan
Terhadap Lingkungan?: Studi Kasus Kerusakan Laut Di Desa Batukerbuy,” AL-IRFAN: Journal
of Arabic Literature & Islamic Studies 1, no. 2 (2018), https://doi.org/10.36835/al-irfan.v1i1.3225.
48Muhyar Fanani, Membumikan Hukum Langit: Nasionalisasi Hukum Islam Dan Islamisasi
Hukum Nasional Pasca Reformasi (Yogyakarta: Tiara Wacana, 2008).
49Egi Adyatama, “Jokowi Cabut Lampiran Perpres Legalisasi Investasi Miras” (Jakarta,
2021).
50Aseri, Hukum Islam Di Indonesia (Politik Hukum Orde Lama Hingga Reformasi.

106 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

With the existence of various forms of transformation of Islamic law in
various forms of legislation and institutional products as explained above, in the
future, Muslims must always develop an attitude or spirit of benefit among
fellow citizens as a form of embodiment of the teachings of the Islamic religion
which is rahmatan lil'alamin, without promoting an Islamic state in the unitary
state of the Republic of Indonesia.
Future Challenge of Islamic Law in Indonesia
The large number of legal products with Islamic nuances that are
enforced in Indonesia further proves that Islamic law has become an integral
part of the national legal system. However, the formal enforcement of Islamic
law in Indonesia still needs further political support 51.If we look closely, there
are several factors that will challenge Islamic law in the future, both internal and
external factors.
In general, internal factors include 1) some people do not understand
the national legal system and the position of Islam in the life of the nation and
state, 2) Islamic law is not codified, 3) the views of various experts regarding the
nature of Islamic law, 4) weak understanding of scholars regarding the substance
and philosophy of Islamic law, 5) there is no meeting point regarding the
concept of actualization of Islamic law in Indonesia, 6) the culture of
Indonesian society is very plural, and 7) low awareness of Muslims (political will)
on the formalization of Islamic law.
Meanwhile, external factors that will challenge Islamic law in the future
consist of 1) the influence of transnational ideologies that give a negative image
to Islam, 2) the diversity of ideologies/ideologies that influence society
regarding freedom and defense of human rights, 3) the strong influence of
capitalists in various aspects of life that has an impact on politics and law in
Indonesia, 4) the strong domination of western law in Indonesia, and 5)
influence of information systems and technology.

51A. Malthuf Siroj, “Eksistensi Hukum Islam Dan Prospeknya Di Indonesia,” ATTURAS: Jurnal Studi Keislaman 5, no. 1 (September 23, 2018): 97–122,
https://doi.org/10.33650/at-turas.v5i1.326.

A. Malthuf Siroj, et. al: Transformation and Future…….| 107

Figure 2. Challenges of Islamic law in Indonesia

108 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

The first internal factor is social jealousy from some people who do not
fully understand the national legal system and the position of Islam in the life of
the nation and state. This phenomenon can be seen from the concern of some
parties about the emergence of Islamization in all aspects of the life of the
nation and state and the shift of the Indonesian state ideology from a Pancasila
state to an Islamic state 52.Whereas the constitution guarantees every citizen to
practice his religious teachings, as stipulated in Article 28 and Article 29 of the
1945 Constitution. In the opinion of the author, this concern is too excessive
considering that Indonesia is a constitutional state and is based on the one and
only Godhead.
Second, Islamic law is not codified in a particular book, but is scattered
in various works of classical scholars, which are the works of Middle Eastern
scholars and it is not uncommon for the texts in these books to cause very
varied and even contradictory debates. For example, in the issue of leadership,
some parties understand that leadership in Islamic politics must be based on the
religion they adhere to, which must be a Muslim leader, while others are more
inclined to characterize leaders who have an honest, transparent, disciplined and
assertive attitude without considering religious beliefs. which he embraces 53.
Likewise in the case of criminal sanctions, for example criminal sanctions for
corruptors, some consider corruptors the same as the essence in Islamic
criminal law that must be cut off, others consider corruption and sariqah not the
same both in material and formal aspects, so that the sanction of cutting off
their hands cannot be applied. and even the penalties can be heavier than cutting
off a hand54.
Third, there are different perspectives regarding the nature of Islamic
law which have an impact on the implementation of Islamic law in the field. On
the one hand Islamic law is identified with sharia and on the other hand Islamic
law is identified with fiqh. This is triggered by several factors, among others;
Islamic legal thought which is not only the domain of fiqh books, but is also
contained in decisions of religious courts, fatwas of scholars, and in several laws
and regulations in other Muslim countries 55.

52Siroj.
53Simon

Butt, “Religious Conservatism, Islamic Criminal Law and the Judiciary in
Indonesia: A Tale of Three Courts,” The Journal of Legal Pluralism and Unofficial Law 50, no. 3
(September 2, 2018): 402–34, https://doi.org/10.1080/07329113.2018.1532025.
54Firqah Annajiyah Mansyuroh, “Hukum Potong Tangan Bagi Koruptor (Kajian
Ahkam Surah Al-Maidah Ayat 38),” Dialogia 17, no. 1 (June 26, 2019): 41,
https://doi.org/10.21154/dialogia.v17i1.1407.
55Hasyim Nawawie, “Hukum Islam dalam Perspektif Sosial-Budaya di Era Reformasi,”
Epistemé: Jurnal Pengembangan Ilmu Keislaman 8, no. 1 (June 3, 2013): 1–28,
https://doi.org/10.21274/epis.2013.8.1.1-28.

A. Malthuf Siroj, et. al: Transformation and Future…….| 109

Fourth, the lack of understanding of legal scholars regarding the
substance and philosophy of Islamic law. This is because legal studies studied in
various law faculties in Indonesia emphasize more on their understanding of
Western legal theory, whose principles, principles and philosophies are very
different from the culture of the Indonesian nation. Meanwhile, Islamic law is
taught only as a complementary subject, not a compulsory subject, and even the
content of the material taught is limited to qishas, stoning, and cutting hands
which are a small part of a review of the substance of Islamic law which is so
broad and complex.
Fifth, there is no meeting point regarding the concept of actualization of
Islamic law in Indonesia. Some groups in society want the actualization of
Islamic law directly by eradicating all kinds of immorality that occur. Some other
groups use political struggle in a juridical constitutional manner, and there are
also those who choose cultural struggles by fostering an understanding of
Islamic law for the community 56.The first group of people prefers to create an
Islamic state in Indonesia, because it is considered the best method for
actualizing Islamic law. The second group emphasizes how Islamic law as a
political product gets the most votes from all members of parliament, so that it
can be enforced nationally. Meanwhile, the third group took to the field more to
increase public awareness of their understanding of Islamic law and the
emphasis was more on the consideration of the plurality of society itself, which
if the implementation of Islamic law was enforced it would lead to divisions
among the nation's children.
Sixth, the culture of Indonesian society is very diverse. This then led to
resistance and rejection from various parties, especially the non-Muslim
community who considered the formalization of Islamic law would make them
second-class citizens in this country, as they rejected in the early days of
independence for the 7 points in the Jakarta Charter 57.This plurality is also
accompanied by a plurality of legal systems that apply in the midst of society,
where some Indonesian people are subject to a customary law system which has
very diverse forms. Some others believe in and obey the Islamic legal system
because of the religious factors that the majority of Indonesian people adhere
to. Besides, they also chose a positivistic Western legal system because it was
considered to be more secure and provide legal certainty.
Seventh, the lack of awareness of the ummah (political will) of Islam
towards the formalization of Islamic law. This is indicated by the low support of
Muslims for Islamic political parties in the context of Islamic law legislation into
56Ratni Kasmad, “Peluang Dan Tantangan Integrasi Nilai-Nilai Hukum Islam Dalam

Sistem Hukum Nasional,” Maddika: Journal of Islamic Family Law 1, no. 1 (2020),
https://doi.org/10.24256/maddika.v1i1.1714.
57Kasmad.

110 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

the National legal system. So that Muslims do not have the political power that
is able to pass regulations as the basis for juridical enforcement of Islamic law in
parliament. 58. As it is known, the formation of legal products in the context of
the Indonesian state is carried out by an autonomous institution, in this case a
legislative body. It is through the role of legislative members that Islamic law
can be enforced or not. If the composition of members of the legislature is
controlled by a secular group, then the legal products that are born tend to be
secular, on the contrary, if the legislative members are dominated by groups that
want Islamic law, then maybe Islamic law can be applied on a national scale.
Meanwhile, the first external factor that challenges Islamic law in
Indonesia is the development of a transnational ideology that gives a negative
image to Islam both locally and globally. On March 28, 2021, an action of
theorist occurred again in Indonesia, a suicide bomb exploded in front of the
Makassar Cathedral Church, South Sulawesi. This incident adds to the list of
acts of terrorism that have occurred in several regions in Indonesia, such as in
Bali, Surabaya, Solo and so on. Many parties identify these acts of terrorism with
Islam because they are carried out by certain Islamic groups 59.This assumption
is certainly increasingly cornering and damaging the image of Islam as a religion
that has a vision of grace for the universe. In addition, the terrorist acts carried
out by the ISIS group in several countries have also further exacerbated the face
of Islam in the eyes of the world, such as ISIS claims which justify acts of terror
in Brussels some time ago60.
Second, there are many ideologies or ideologies that influence the
mindset of some people regarding freedom and defense of human rights
(HAM), especially Western interpretations of human rights. This is certainly a
formidable challenge when it comes to the application of Islamic criminal law,
which has been stigmatized as cruel, harsh and inhuman 61.As is well known, the
relationship between the West and Islam regarding human rights is an important
issue because they both have different interpretations of human rights and seem
to contain heated debates. Human rights in the Western perspective are only
anthropocentric, humans are the full owners of these rights. As a consequence,
the main values of Western culture such as democracy must be oriented to
respect for humans, because everything is human-centered, the ultimate goal of
the implementation of human rights is none other than the human being. While
Islam interprets the concept of human rights as more theocentric, in this case
58Topo Santoso, Membumikan Hukum Pidana Islam: Penegakan Syariat Dalam Wacana Dan
Agenda, Cet. 1, Kajian Hukum Islam (Jakarta: Gema Insani Press, 2003).
59Muhammad Subhan, “Pergeseran Orientasi Gerakan Terorisme Islam Di Indonesia
(Studi Terorisme Tahun 2000-2015),” Journal of International Relations 2, no. 4 (2016).
60Heck, “Images, Visions and Narrative Identity Formation of ISIS,” Global Discourse 7,
no. 2 (July 3, 2017): 244–59, https://doi.org/10.1080/23269995.2017.1342490.
61Siroj, “Eksistensi Hukum Islam Dan Prospeknya Di Indonesia.”

A. Malthuf Siroj, et. al: Transformation and Future…….| 111

humans are considered as creatures entrusted with basic rights by God, not as
absolute owners. Therefore, he is obliged to maintain and use it according to
God's provisions 62.
Third, a new model of colonialism, especially to control the economy,
which impacts on politics and law in Indonesia. Fourth, the strong domination
of Western law in Indonesia has made scholars of Islamic law insecure and feel
they do not have the authority to carry out ijtihad seriously on various problems
that arise. 63.They even tend to prioritize fanaticism in religion and blind taqlid.
These two attitudes are certainly dangerous for the future of Islamic law in
Indonesia. On the one hand, religious fanaticism can threaten the spirit of
national unity and integrity, on the other hand blind taqlid can make Islamic law
in a static position and unable to adapt to the times.
Fifth, the rapid development of information systems and technology
that quickly affects people's mindset and outlook on life on various matters,
including matters related to religion, value systems, and so on 64. This is also
supported by the easier and cheaper tools based on information technology and
internet access. It must be admitted that social media has two opposing sides.
Both have the same potential to repair and / or damage users, because the
amount of knowledge in them is also comparable to information that can cause
destructive power to anyone who accesses it.
Conclusion
Based on the explanation in the discussion above, it can be concluded
that the Islamization process that occurred in Indonesia since the beginning of
its entry took place peacefully and without coercion from any party. Even the
existence of Islamic law as a living law has legitimacy from both Dutch jurists
and the Dutch government itself. Even though in the middle to near the end of
colonial rule, Islamic law came under a lot of pressure and interference because
it was seen as a shackle to the political ambitions of the rulers. After Indonesia's
independence, both the Old Order and the New Order tended to use the center
of power as the main route in the implementation of Islamic law. Meanwhile
during the Reformation Order, the application of Islamic law was mostly carried
out in the regions in various forms of regional regulations and even the material
did not only touch the public sphere such as liquor, prostitution and adultery,
but also entered the private sphere, as read and write -Qur'an and the use of
headscarves. Meanwhile, the challenges of Islamic law in Indonesia for the
future consist of internal and external challenges. Internally, these challenges
62Ahmad Kosasih, HAM Dalam Perspektif Islam: Menyingkap Persamaan Dan Perbedaan

Antara Islam Dan Barat (Jakarta: Salemba Diniyah, 2003).
63Ahmad Munir, “Tantangan Hukum Islam di Abad Modern,” Mimbar: Jurnal Sosial Dan
Pembangunan 18, no. 2 (2002), https://doi.org/10.29313/mimbar.v18i2.70.
64Siroj, Pembaruan Hukum Islam Di Indonesia.

112 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

include the non-codification of Islamic law that it is not uncommon for the
texts in these books to cause very varied and even contradictory debates, The
condition of Indonesian society is plural, not only in terms of language, and
ethnicity, but also religion, so that in the application of Islamic law, it causes a
lot of rejection, the diversity of expert views on Islamic law so that there is no
meeting point regarding the concept of actualization of Islamic law in Indonesia,
and so on. Meanwhile, the external challenges of Islamic law include the
influence of transnational ideologies that gives a negative image to Islam both
locally and globally such as On March 28, 2021 an action of theorist occurred
again in Indonesia, the diversity of ideologies that influence people's views on
human rights, causing the stigma that Islamic law is always cruel, harsh, and
inhumane, the strong domination of Western law in Indonesia has made
scholars of Islamic law insecure and feel they do not have the authority to carry
out ijtihad seriously on various problems that arise, and so on.
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