Transformation of Islamic Values in the Development of the National Legal System

DOI

10.2991/assehr.k.201113.035How to use a DOI?

Keywords

Transformation system, legal transplantation, positivation of Islamic law

Abstract

The positivization of Islamic law to national law is part of the transformation of a positively justified legal system. The role of Islam in national development exists as a paradigm in the legal development system. The formulation of the legal texts contained in the state’s ideology of Pancasila is inseparable from the values of Islamic religion, meaning the transplantation of Islamic law through the national legal system, or a transformation of Islamic values in the national legal system. The focus of this article is to discuss about the construction of the transformation of Islamic law into the development of the national legal system and the existence of Islamic law as a paradigm for the development of the national legal system. This study uses qualitative methods with constructivist paradigms and socio-legal research. The results of the study argues that the construction of the transformation of Islamic law into national law through adjustments to the values of the law and through the transplantation system. The existence of Islamic law in the development of national law has been overlooked by the use of Pancasila as a paradigm basis.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Efa Rodiah Nur
PY  - 2020
DA  - 2020/11/13
TI  - Transformation of Islamic Values in the Development of the National Legal System
BT  - Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
PB  - Atlantis Press
SP  - 185
EP  - 189
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201113.035
DO  - 10.2991/assehr.k.201113.035
ID  - Nur2020
ER  -