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Authors: Nurrohman Syarif ; Tajul Arifin and Sofian Al-Hakim

Affiliation: UIN Sunan Gunung Djati Bandung, Jl.A.H. Nasution 105 and Bandung, Indonesia

Keyword(s): Constitution, caliphate, ideology, Islamic state, legal system.

Abstract: In Islam, the complexity and uniqueness of relation of state and religion can be traced back in history of the relation of Islamic law and state. The purpose of this study is to describe the place of Islamic law in Unitary State of Republic Indonesia and the models or alternatives that can be used to practice Islamic law. This research is a kind of non doctrinal qualitative legal research which included some problems, policy and law reform based research. The subject of this study is the substance and norms of sharia that has been accommodated by Indonesia legal system or has been applied through its protection. Data was collected from the book or documents. From this study, it can be concluded that although officially, Indonesia is not religious state, philosophically the purpose of sharia has been accommodated in Indonesia legal system, legally there is no obstacle to absorb sharia values and norms into positive law as long as it is not contrary to the constitution. This study also concluded that practically, there are some alternatives that can be used by Muslims in practicing sharia. This result implies that there is no need for Muslim to establish an Islamic theocratic state in order to practice comprehensive sharia. (More)

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Paper citation in several formats:
Syarif, N.; Arifin, T. and Al-Hakim, S. (2018). Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia. In 2nd International Conference on Sociology Education - Volume 2: ICSE; ISBN 978-989-758-316-2; ISSN 2184-2728, SciTePress, pages 52-60. DOI: 10.5220/0007104306920700

@conference{icse18,
author={Nurrohman Syarif. and Tajul Arifin. and Sofian Al{-}Hakim.},
title={Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia},
booktitle={2nd International Conference on Sociology Education - Volume 2: ICSE},
year={2018},
pages={52-60},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007104306920700},
isbn={978-989-758-316-2},
issn={2184-2728},
}

TY - CONF

JO - 2nd International Conference on Sociology Education - Volume 2: ICSE
TI - Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia
SN - 978-989-758-316-2
IS - 2184-2728
AU - Syarif, N.
AU - Arifin, T.
AU - Al-Hakim, S.
PY - 2018
SP - 52
EP - 60
DO - 10.5220/0007104306920700
PB - SciTePress

- Science and Technology Publications, Lda.
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