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Authors: Nurizal Ismail 1 ; Fajri Matahati Muhammadin 2 and Haninditio Danustya 3

Affiliations: 1 Sekolah Tinggi Ekonomi Islam Tazkia, Bogo, Indonesia ; 2 Faculty of Law, Universitas Gadjah Mada, Yogyakarta, Indonesia ; 3 PT. Garuda Maintenance Facility Aero Asia Tbk, Indonesia

Keyword(s): Introduction to Jurisprudence, Purpose of Law, Legal Education, Maqashid Al-Shari’ah, Indonesia

Abstract: The Indonesian legal system is a religious one. However, there is strong traces of secularism in the legal education in non-Islamic universities. This article observes the teaching of purposes of law in the ‘Introduction to Jurisprudence’ course (ITJ) at the top law schools in Indonesia, particularly on the ‘Purposes of Law’ Chapter via the most used textbooks. It finds that there is little space for religiosity there especially on one of the main purposes of law according to all the textbooks: ‘utility’ primarily based on Jeremy Bentham’s utilitarianism theory. It is argued that the current approaches to utility is a secular approach which does not conform to the character of Indonesia. This article argues further that the Maqashid Al-Shari’ah is more appropriate to explain ‘utility’ in context of the Indonesian legal system, and should take its place among the ‘purposes of law’ chapter in the Indonesian legal education.

CC BY-NC-ND 4.0

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Paper citation in several formats:
Ismail, N.; Muhammadin, F. and Danustya, H. (2020). The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education. In Proceedings of the 1st International Conference on Recent Innovations - ICRI, ISBN 978-989-758-458-9, pages 1084-1091. DOI: 10.5220/0009923110841091

@conference{icri20,
author={Nurizal Ismail. and Fajri Matahati Muhammadin. and Haninditio Danustya.},
title={The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - ICRI,},
year={2020},
pages={1084-1091},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009923110841091},
isbn={978-989-758-458-9},
}

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - ICRI,
TI - The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education
SN - 978-989-758-458-9
AU - Ismail, N.
AU - Muhammadin, F.
AU - Danustya, H.
PY - 2020
SP - 1084
EP - 1091
DO - 10.5220/0009923110841091

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