Saturday, February 13, 2010

The Prospect of Islamization of Legal Science in Indonesia

The Prospect of Islamization of Legal Science in Indonesia

By Prof. Dr. Rifyal Ka‘bah, M.A.â

Introduction

Studies about Islamic legal science in Indonesia were mostly carried out by Western orientalists. Among the famous names in this field in the past were Snouck Hurgronje, Van Vallenhoven and Van den Berg, and at the present there are individuals such as Daniel S. Lev and John Ball. A few years ago a Dutch orientalist, Martin von Bruinessen collected and studied almost all classical Islamic books which were taught in madrasahs and traditional Islamic boarding schools in Indonesia, Malaysia, Brunei and the southern part of Thailand. The huge effort of the orientalists in collecting data and analysing Islamic heritage in Indonesia has no comparison with the effort made by Muslim scholars. One of the obstacles, in spite of lack of interest in the field, is the lack of Muslim human resources who are majoring in law and the sharî‘ah. Indonesia has a lot of Muslim experts in law as well as in the sharî‘ah, but has few experts who are majoring in both.

The paper attempts to reveal the prospect of islamization of Islamic legal science in Indonesia in the light of legal and sharî‘ah studies. Its main aim is to have a general view on the position and condition of Islamic law in Indonesia at the present time, and because of that, the analysis of the paper is much more descriptive.

Islamic Law in Indonesia's History

The word "hukum" (law) and other words related to law in Indonesia stems from Arabic word [حكم]. From the Arabic word, one cannot find an exact word in the local languages of Indonesia representing the meaning of the English word "law" or the Dutch and German "recht" or Latin "ius".[1] The meaning of law in these European language which regulates man's relationship with his neighbours and with the state is only one side of the meaning of "hukum" in Indonesian.

In Indonesian vocabularies there are the words "hukum" (law), "hukuman" (sentence, punishment), "orang hukuman" (criminal), "penegak hukum" (law enforcer), "terhukum" (convicted, sentenced), "hakim" (judge), "kehakiman" (judiciary), "berhakim" (to judge to, to decide), "menghakimi" (to judge without proper proof), "mahkamah" (court of law), "memahkamahkan" (to put some one into trial) and so on. The same principle is also applied to the word "adil" (just, fair), "keadilan" (justice), "mengadili" (to put into trail), "peradilan" (court), "praperadilan" (investigation before trial) and many other words of the same origin which all stem from the Arabic word [عدل].

These Arabic words entered into Indonesian vocabularies through the spread of Islam. If the ninth up to the eleventh century A.D. can be attributed as the beginning of the advent of Islam in Indonesia,[2] since these centuries the Arabic words have been introduced to the local languages of the Indonesian archipelagoe, and particularly to the Malay language, which became the nucleus and base of the present modern Indonesian language (bahasa Indonesia). In this context for a very long time the Indonesian language used the Arabic alphabet. Every Muslim who practiced his religion, though in limited fields, would know some Arabic words. Firstly, the kalimah shahâdah was pronounced in Arabic. Following that, the utterance of salât, prayer and zikr is also in Arabic. Reciting the Arabic Qu’an is rewarded by Allah. No doubt that knowledge and basic law of Islam from the very beginning was obtained from the books written in Arabic. All of these encouraged Indonesian Muslims to understand and learn Arabic for the purpose of practicing the religion. In the later development some Indonesian scholars even wrote books in Arabic in many subjects of Islamic studies. Tombs of very important persons were also marked by some writing in Arabic. On the tomb of King Malik as-Sâlih of Aceh (North Sumatra) who died in the seventh century of hijrah was written the following information:

[هذا القبر للمرحم المغفور له التقى الناصح الحسيب النسيب الكريم العابد الفاتح الملقب سلطان مالك الصالح الذى انتقل من رمضان سنة ست و تسعين و ستمائة من انتقال النبوية][3].

With the growth of Islamic educational centres like suraus (a small place for prayer and teaching basic things about Islam), langgars (another name for surau in Java), mosques, pesantren (Islamic boarding schools) and madrasahs made the Arabic known better in Indonesia. Before the coming the European colonialists to Indonesia, these Islamic educational centres became the main source of information and guidance for the people. The development of Islam during the eighteenth and nineteenth centuries shows that some Indonesian scholars wrote books in Arabic, and some of them never visited the Arab countries.[4] It is not surprising if the Arabic words enrich the vocabularies of Indonesian language and of them is the word "hukum".

As the matter of fact, Islamic law had a unique position before the coming of the Dutch into Indonesia as proved by some facts.[5] For instance, Sultan Malikul Zahir of the Samudera Pasai Kingdom was one famous expert in Islam and Islamic law during the mid of 14th century A.D. The kingdom had participated in spreading the Islamic law of Shafi‘ite school to many kingdoms in the archipelagoe. It was reported in the history that even some specialists in law from Kingdom of Malaka (1400-1500) came to Samudera Pasai to search for a final judgement on matters of Islamic law.[6] Many Muslim writers wrote books on Islamic law for the guidance of the people. Nasr a-Din ar-Raniri wrote a law book entitled as-Sirât al-Mustaqîm in 1624. It was the first Islamic law book that reached all parts of the archipelagoe on that century. Shaikh Arshad Banjar made comments on the book and enlarged its content by using a new title Sabîl al-Muhtadîn as a reference to solve disputes in the Banjar Kingdom. Shaikh ‘Abd ar-Ra’ûf Singkel wrote Mir’ât at-Tullâb based on the Shafi‘îte school on the request of Queen of Aceh, Safiyat ad-Dîn (1641-1675).[7] During the time of the Palembang Sultanate some law books had been published as a guidance for the people and the qadis (judges) in their courts. This same phenomenon also take place during the times of the Islamic kingdoms of Demak, Jepara, Tuban, Gresik, Ngampel and Mataram.

Apart from what is mentioned above, fiqh books of the Shafi‘îte school were also used for reference and guidance. To mention some of them: Muharrar by Abû Qâsim ar-Râfi‘î; Minhaj at-Tâlibîn by Muhyi ’d-Dîn Abû Zakariyyâ bin Sharîf an-Nawawî;[8] an-Nihâyah by Ahmad ar-Ramlî; Mughni al-Muhtâj and al-Iqnâ‘ by ash-Sharbînî; Tuhfah by Ibnu Hajar; Mukhtasar by Abû Sujâ‘; Hâshiyah Fath al-Qarîb by al-Bajurî; al-Muhazzab by ash-Shairâzî; etc.[9] These books are among the sources of the Compilation of Islamic Law of Indonesia which were compiled based upon the President's Decree in 1991.[10]

Even today, the meaning of law in daily activities of Indonesians, especially among the Muslim community, is about something decided by Islamic law. For example, they ask the ulama about "hukum" (the law) of getting married with a woman who is still within the ‘iddah period after divorce; about "hukum" of usury (ribâ); about "hukum" of telling lies for the sake of truth; about "hukum" of a judge who gave an unjust verdict, about "hukum" of establishing prayer without taking ablution and so on. By mentioning "hukum" in such questions they meant that they want to know the exact decision of Islam on the matters as the rules that have to be applied in everyday life. Law for them is very much the same as understood by the fuqahâ' and usûliyyûn: "the message of Allah related to the affairs of al-mukallaf (those who are bound to obey His Law) whether it is a command to be obeyed or a prohibition to be avoided" or "the implementation as the effect of that message."[11]

Through the dissemination of Islam throughout the archipelagoe, peaceful Islamization process took place and Islamic kingdoms began to replace previous Hindus/Buddhist ones. To be converted to Islam usually begins with one’s conversion from his or her previous religion to the new religion and then followed by a change of attitude. Law is one of the essential things in Islam that controls the community's way of life. Whenever someone embraces Islam he or she will automatically recognize Islamic law and will be asked to implement it in their private and public life. In the daily life, no matter how simple a Muslim community may be, individuals in that community will at least try to implement Islamic law in matrimony and inheritance (farâ’id). In the field of social life, Islam introduced a tradition of new law in Indonesia. It offers principles of novel social etiquette and behavior which is more egalitarian in nature than the previous one. In addition to that, Islam also has changed tribal and regional relations into universal ones. To quote Daniel S. Lev, Islam has formed a socio-political concept before the Dutch colonial rule could unite the whole archipelagoe within a single government administration.[12]

Research concerning Islamic Law has not yet revealed the forms of the implementation of Islamic law in the Islamic kingdoms that used to exist throughout the archipelagoe prior to Dutch colonial rule, but titles given to several kings and sultans such as "Adipati Ing Alogo Sayyidin Panotogomo" makes it clear that Islamic law played a great role within these kingdoms.[13] One research finding concerning Islamic mysticism mentions that several kings and sultans tried to socialize Islamic teachings in Nusantara.[14] Islamic law in those days constitutes an important phase in the history of law in Indonesia. Te establishment of Islamic kingdoms which replaced Hindus and Buddhist kingdoms means that Islamic law had been applied for the first time as a positive law in Indonesia.[15]

This fact was later recognized by the Dutch colonial rule after seeing various rebellions and uprisings against the colonial government in many regions throughout the archipelagoe. For example, the populace rebellion against the Dutch colonial rule during the Diponegoro War (1825-1830) was actually an undertaking to establish Islamic law. A Lieutenant Colonel of the Dutch colonial rule during that war wrote in his memoirs that the aim of the rebellion against the Dutch government was to reestablish Islamic law amongst the Javanese to what it was once was.[16] He wrote that the Dutch colonial rule sent a delegation to the remote area of Salatiga under William Stavers to negotiate with Prince Diponegoro and his followers. The delegates that carried a letter from the Governor General Hendrik Markus de Kock were not received by Pangeran Diponegoro himself, but by his associates: Kiai Modjo, Ali Basa and others. The Dutch delegate in that meeting asked them to stop the war so that there would no further bloodshed among the people. Kiai Modjo replied that war could not be stopped until the demand was complied. During the meeting the Diponegoro side also used the Arabic phrase which says [لا موت إلا بلأجل][17] “There is no death except its time has been determined by Allah". Kiai Modjo also quoted the phrases used by the Prophet Sulayman directed to Queen Sheba (Qur’an surah an-Nahl 33), saying [أن لا تعلو على و أتونى مسلمين] "Be ye not arrogant against me, but come to me in submission (to the true Religion)." When the delegate asked Kiai Modjo the meaning of such expression, he replied in Dutch “Kom gij niet allen tot mijnen Vorst, en gaat langs hetpad der regtvaardigheid”[18] (All of you should come to see my Sultan and walk through the path of justice). He did not intend for the Europeans to embrace Islam but when they want to embrace it, the Muslim community would not compel them. He said that he just wanted for Islamic law to be established and applied as before throughout Java; namely the disputes between the Javanese and the Europeans should be settled by Islamic law, and the disputes between the Europeans should be settled by European law, with Sultan’s consent.

Since the VOC (Dutch East Indies Company) period, the Dutch had in fact already recognized Islamic law in Indonesia. Through Regerings Reglement, since 1855 the Dutch confirmed their recognition for Islamic Law in Indonesia. Such recognition was then strengthened by Lodewijk Willem Christian van den Berg, who put forward the receptio in compexu theory. The core of this theory is that for the Muslims should be implemented Islamic law although there are some deviations in its application. That means that Islamic law should be applied to all Muslim communities.[19] The theory prevailed throughout nineteenth century. Then upon a recommendation from Snouck Hurgronje, the Dutch applied the receptie theory, which says that Islamic law could be applied for the Muslims only when it had been recognized by adat law (adat recht).[20] The term adat recht was used for the first time by Snouck Hurgronje in 1893 in his book entitled De Atjehers to prove that the law ruling the populace of Aceh was adat with legal consequence. This term was later adopted by van Vollenhoven and other Dutch experts of law to show the legal relationships in Indonesian society.[21] This adat recht was obviously engineered by the Dutch colonial rule for the sake of its colonial policy. In various countries in the Muslim world such as India, Malaysia and the Philippines, there do exist local ‘âdât (customs) but they are not the same as adat recht introduced by the Dutch in Indonesia.[22] The deceiving tendency of this theory made Professor Hazairin call it a Satanic theory[23] and Professor Alisjahbana said that it "has brought the growth of Indonesian law as well as Indonesian's way of law to a complicated and unending zigzag tunnel."[24]

Islamic Law in Indonesia at the Present

As a matter of fact the Islamic sharî‘ah as a way or a law which comes from Allah has three meanings in its history. Firstly, it is the entire text of the Qur’an and the authoritative Hadiths as the divine way of life to be followed by human beings. The sharî‘ah in this sense is the Islamic religion itself and ‘Abdullah Yusuf ‘Ali calls it "the right way of religion".[25] Secondly, the sharî‘ah as fiqh or legal opinions and jurisprudence of the Muslim jurists across the centuries, and fiqh as we know today at least have four or five schools of law. The scope of shari‘ah as the Islamic law in this sense is much wider than any Western systems of law. "It regulates man's relationship not only with his neighbours and with the state, which is the limit of most other legal systems, but also with his God and his own conscience."[26] Thirdly the sharî‘ah as a positive law that regulates man's relationship with his fellow countryman in a sovereign state. The Islamic sharî‘ah within the context of modern law has everything to do with the constitution, acts, codification, compilation of various laws and regulations of the country. What we mean by the implementation of Islamic law is in this third sense of sharî‘ah.

Islamic law is actually implemented in several domains within the territories of the Republic of Indonesia. Implementation of Islamic law has a strong base in the Indonesian Constitution of 1945 which in Chapter 29 points (1) and (2) it is stated that "the State is based on the belief in one Supreme God" and "the State guarantees the freedom of each individual citizen to embrace his/her religion and to practice "ibadah" according to that religion and belief." For Muslims, the implementation of religious law is an act of "ibadah" in worshiping Allah where every Muslim is always stating that his/her prayer, worship, life and death is for Allah, Lord of the Universe [Qur’an al-An‘am 162]. The Jakarta Charter as the original draft of the Introduction to the Constitution also says that "the State is based on the belief in One Supreme God with the obligation to carry out the Islamic sharî‘ah upon Muslims." The clause (seven words in Indonesian) which says "the obligation to carry out the Islamic sharî‘ah upon Muslims" was later deleted without a clear legal reason, but in a Presidential Decree on July 5, 1957 it was stated that the Jakarta Charter is embodied in the Constitution and is part of it. Because it is embodied as a spirit in the Constitution, the Charter is not seen on the surface, but its presence is felt and internalized within the Introduction and the Body of the Constitution.

Efforts are now being made by the Islamic parties in the Ad Hoc Committee of the MPR (the highest legislative body in Indonesia) to restore the clause "the obligation to carry out the Islamic sharî‘ah upon Muslims" to the Constitution, which is now being revised. If the MPR is able to pass the draft of the revised Constitution in August 2000, the footing of the Islamic law will be stronger than before within the framework of Indonesian legal system.

The existence of Islamic law can be seen from the products of law introduced since Indonesia proclaimed its independence on August 17, 1945. Among these products are Act No. 1/1974 about the Law of Marriage which regulates the legality of a marriage if it is carried out according to a particular religious law (for Muslims it is the Islamic sharî‘ah); Act No. 7/1989 about the Religious Court (the Religious Courts is the Islamic Court in Indonesia); Government Regulations No. 70 and No. 72, which interprets the term "the profit and loss sharing system of banking" in Act No. 10/1992 as an Islamic banking system; Act No. 10/1998 which legitimizes the Islamic banking system; Act No. 17/ 1999 about the Management of Hajj; Act No. 23/1998 which authorizes the Central Bank to open Islamic banks or an Islamic banking system in any branch of conventional banks; Act No. 38/1999 about the Management of Zakat, and last but not least is Act No. 44/1999 about the Implementation of Aceh Province as a Special Autonomous Territory which has something to do with the implementation of Islamic shari‘ah in this province.

Islamization of Legal Studies

The science of law as fiqh has been known for a long time in Indonesia, but as a modern discipline it was newly introduced by the Dutch in the East Indies about three centuries ago. As a part of the ethical policy followed by the colonial rulers earlier this century, some Indonesians were sent to the Netherlands to study law. Following that policy a school of law was established in Indonesia which later became the first faculty of law.[27] This faculty was the nucleus of all faculties of law in Indonesia until today.

In the meantime the science of law as fiqh was taught at religious schools (madrasahs) all over the country. In the early fifties the government founded the State School of Religious Judges (SGHA/Sekolah Hakim Agama) which was followed by the establishment of the State College of Islamic Studies (PTAIN/Perguruan Tinggi Agama Islam Negeri) and later replaced by the State Institute of Islamic Studies (IAIN/Institut Agama Islam Negeri) where a faculty of shariah was one of its faculties.

Each faculty of law and shariah operates separately. The faculties of law supply the state with lawyers, experts and other legal professions, and the faculties of shariah supply the state with experts in shariah for some positions in the Religious Court and the Department of Religious Affairs. In short the curricula in all faculties of shariah in general do not talk about laws to be applied by the state, but rather for the sake of religious laws which do not need a state to apply them.

A new development has emerged since the early seventies when the parliament and the government passed some regulations and acts related to Islamic laws, such as: the acts of marriage, religious court, shariah banking system, hajj and zakat. This development encourages the faculties of law to develop the subject of Islamic law, which has already existed and the faculties of shariah to develop some subjects of law which have been already there but not yet Islamized. In the end, both type of faculties begin to realize the necessity for islamization of legal science. The biggest challenge faced by both types of faculties are very classic, that is, the lack of textbooks and experts in the field. A few universities have started some programs as an effort to face the challenge, but it is still a long way to go on the road of Islamization of legal science in Indonesia.

The University of Yarsi in Jakarta, for instance, since its inception in the early seventies, has paid some interests in the Islamization of knowledge by organizing seminars and adding one or two subjects on what Islam has to say about medicine, technology, science, economy, law and so on. It also imposes on the students who are about to graduate to make a research paper which about certain topic on Islam and also the main subject which they study in their faculties. Most of the research papers in discussing these topics facus on the religious law of Islam. Although the topics vary and the depth of research is questionable, but they are still assets to the university to take further steps of Islamization of knowledge in the future. The following table shows the number of papers that have been written, in addition to the period of graduation and the name of faculties/departments:

No

Faculties

Departments

Period of

Graduation

193

Medicine

1982-1997

62

Industrial Technology

Science of Computer

1995-1999

7

Industrial Technology

1995-1994

29

Economy

1995-2000

6

Economy

Finance and Banking

1996-1997

42

Law

1995-1996

Efforts are also being made at Bandung Islamic University, at the Faculty of Shari‘ah in particular, by adopting new curricula of shari‘ah and law on the same lines. About 163 research papers on shari‘ah and law have been produced by the alumni of the undergraduate program from 1991-1993 and 1998-2000.

The interest to develop the Islamic law as a law of the state can be seen in some state and private faculties under the care of the Ministry of Education and Culture. Islamic law is one of the subjects taught in these faculties besides other subjects related to legal studies in general. Islamic law takes only a small portion of the curricula which relates to the acts and regulations that need implementation as a law of the country about marriage, divorce, will, hibbah, waqf, etc. Other parts of Islamic law about criminology, commerce, the economic system, international relations and so on do not have a proper place in these faculties.

The first step toward Islamization of knowledge was undertaken by the Ministry of Religious Affairs in the early seventies by issuing some textbooks under the title of "Islam untuk Disiplin Ilmu" (IDI/Islam for a Discipline of Knowledge). The books were written by a team of experts in various disciplines of sciences and knowledge, in addition to having knowledge obout Islam. They were intended as an Islamic introduction to certain disciplines in the universities which have no branch of Islamic studies. These books talk about the philosophy of science, Islam's relation to some disciplines and general principles, but they do not go into details. Since their first issue in 1986, these book were reprinted several times, but they were not revised or enlarged.

One of the importance sources of the Islamization of legal studies in Indonesia at the present is research papers, theses and dissertations produced by the former students of the faculties of shari‘ah, especially within the framework of all State Institutes for Islamic Studies throughout Indonesia, and faculties of law which have a department of Islamic law. Some of them have been published in the form of books and has been distributed through bookstores. Hundreds of theses and tens of dissertations have been produced in this field. Until now, no survey has been made to evaluate the contents, methodologies and approaches used by these research papers, theses and dissertations.

Concluding remark

1. Islamic law is deeply rooted in the history and legal culture of Indonesia. This is one of the factors that make Islamic law part of the national law of Indonesia at the present. To make Islamic law have more impact on national law, it is necessary to transform traditional fiqh studies into positive law of Indonesia.

2. Among the steps that have to be taken in this regard is to conduct research on the implementation of positive law during the time of the Islamic kingdoms and sultanates in the past, Indonesia in particular, in the light of the Islamization of legal science. In addition to that, an effort has to be made in accelerating the merger of the faculties of shari‘ah into the faculties of law. More studies on Islamic rule of law, Islamic legal procedures, Islamic courts and other related subjects are needed. Universities and Islamic research centres are required to support these studies. Hopefully, the State Institutes of Islamic Studies, for instance, will become the State Islamic Universities in future conducting research on the Islamization of knowledge and developing curricula towards truly modern Islamic universities. On other hand, some faculties of law which belong to some famous Indonesian universities like the University of Indonesia in Jakarta and Yogyakarta University in Central Java, have to be encouraged to consolidate shari‘ah studies into the domain of law. This is also in spite of various efforts to produce as many Islamic regulations and acts as possible through the legislative bodies: the MPR and DPR.



Ó To be presented at International Conference on Islamization of Human Sciences, organized by the International Islamic University Malaysia, Kuala Lumpur, 4-6 August 2000.

â Lecturer at the Faculty of Law, Yarsi University, Jakarta, and Faculty of Law, University of Indonesia, Jakarta.

[1] John Ball, Indonesian Legal History 1602-1848 (Sydney: Oughtershaw Press, 1982), p. 64.

[2] N.A. Baloch, Advent of Islam in Indonesia (Islamabad: National Institute of Historical and Cultural Research, 1980), pp. 56-57. A seminar on the advent of Islam in Indonesia held in Medan in 1983 concludes "that Islam had entered Indonesia for the first time during the first century of hijrah (seventh/eighth centuries) and directly from the Arab main land." A. Hasymi, Sejarah Masuk dan Berkembangnya Islam di Indonesia (Bandung: PT Alma‘arif, 1981), p. 7. So since the first century of Islam the Arabic words had been introduced to the people of the Indonesian Archipelagoe.

[3] Teuku Ibrahim Alfian, Wajah Aceh dalam Lintasan Sejarah (Banda Aceh: Pusat Dokumenasi dan Informasi Aceh, 1999), p. 49.

[4] Some names from West Sumatra can be mentioned here like ‘Abd al-Hamîd al-Hakîm who 6 volume of al-Mu‘în al-Mubîn (fiqh) and al-Bayân (usûl al-fiqh), and Mawardi Muhammad wrote Mustalah al-Hadits and then translated into Indonesian.

[5] Mohammad Daud Ali, "Hukum Islam dan Pembangunan Hukum Nasional: Suatu Analisas Terhadap RUU Peradilan Agama" in Hukum dan Pembangunan, No. 6, Tahun Ke-XIX, December 1982, p. 528.

[6] Ibid., p. 527.

[7] Penoh Daly, Hukum Nikah, Talak, Rujuk, Hadanah dan nafkah Kerabat dalam Naskah Mir’ât ath-Thullab Karya ‘Abd ar-Ra’ûf Singkel. A Ph.D. dissertation at the Faculty of Sharî‘ah, IAIN Jakarta, 1982), p. 26.

[8] This book was translated by Dutch orientalist, Van den Berg, into French, and then translated again into English by E.C. Howard, Minhâj-et-Tâlibîn: A Mannual of Muhammadan Law According to the School of Shafi‘î . Lahore: Law Publishing Company, n.t. A question why it was translated into French and not into Dutch, may be because of the different opinion between Van den Berg as an expert in law who favored the law of the people to be applied to them and the government which wanted to impose the Dutch law on their Muslims subject. By translating the book into French, he would like to inform the Dutch intellectual about the importance of the book and in the meantime he was able indirectly to escape from the government's attention.

[9] Mohammad Daud Ali, Hukum Islam (Jakarta: Rajawali Pers, 1993), p. 191.

[10] Departemen Agama RI, Kompilasi Hukum Islam Di Indonesia (Jakarta: Direktorat Jenderal Pembinaan Kelembagaan Agama Islam, 1995/1996), p. 124.

[11] [خطاب الله المتعلق بأفعال المكلفين طلبا أو وضعا] [الصفةة التى هى أثر ذلك] Muhammad al-Khudarî, Usûl al-Fiqh (Bairut: Dâr al-Fikr, 1988/1409), p. 18.

[12] Daniel S. Lev, translated into Indonesian by Nirwono and A.E. Proyono, Hukum dan Politik di Indonesia (Jakarta: LP3S, 1990), pp. 122-123.

[13] Agus Triyana, "Prospek Hukum Islam di Indonesia" in Jurnal Hukum Ius Quia Iustum, Faculty of Law, Yogyakarta Islamic University of Indonesia, No. 8 Vol. 5, 1997, p. 2.

[14] Simmuh, Mistik Islam Kejawen Raden Ngabehi Ronggowarsito (Jakarta: UI Press, 1988), p. 12.

[15] Moh. Idris Ramulyo, Asas-Asas Hukum Islam (Jakarta: Sinar Grafika, 1995), p. 38.

[16] F.V.A. Ridder de Stuers, Gedenkschrift van den Orloog op Java (Amsterdam: Johannes Müller, 1847), pp. 286-288.

[17] Ibid., p. 288.

[18] Ibid., p. 277.

[19] Busthanul Arifin, Pelembagaan Hukum Islam di Indonesia (Jakarta: Geman Insani Press, 1996), p. 35.

[20] John Ball, pp. 117-122.

[21] Ibid., p. 67.

[22] Busthanul Arifin, p. 72.

[23] Hazairin, Demokrasi Pancasila (Jakarta: Penerbit Rineka Cipta, 1990), p. 97.

[24] S. Takdir Alisjahbana, Kebudayaan Sebagai Perjuangan (Jakarta: PT Dian Rakyat, 1988), p. 11.

[25] ‘Abdullah Yusuf ‘Ali, The Holy Qur’an: Text, Translation and Commenary (Brendwood, Maryland: Amana Corporation, 1409/1989), p. 1297, foot note no. 4756.

[26] Article "Shari‘ah: Nature and Significance of Islamic law" in CD ROM Encyclopædia Britannica 1994-2000.

[27] Busthanul Arifin, "Membangun Ilmu Hukum Indonesia" in Rifyal Ka‘bah, p. xi-xiii.

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