Islamic and State Relations Prevailing in Indonesia

Abstract

Islamic nuanced law has officially become a positive law (lex positiva / ius constitutum) since the promulgation of Law Number 1 of 1974 concerning Marriage, which was later elaborated with Government Regulation Number 9 of 1975. The desire to compile the Book of Islamic Law in compiled form is felt increasingly urgent. The idea of compiling the Compilation of Islamic Law arose after two and a half years of the Supreme Court (MA). encouraged the Supreme Court to initiate the establishment of the Compilation of Islamic Law. The formulation of the Compilation of Islamic Law is intended as an effort to reform Islamic law in Indonesia in order to realize the certainty of Islamic law and so that Islamic law is relevant to the times in the context of Indonesia. The research method used in writing this journal is juridical-normative legal research which only emphasizes the study of documents, the legal sources used are laws and regulations, court decisions or decrees, contracts / agreements / contracts, legal theories and opinions of scholars. The purpose of writing this journal is to find out the extent of the relationship between Islam and the state that is influential in terms of social, cultural and historical factors that occur in Indonesia. The latest in this study is in the indicators that show that the strength of Islamic law has a great opportunity to be stronger in its development seen from the majority of the Indonesian population is Muslim and the weakness is the dynamic view of the community towards the massive implementation of Islamic law in Indonesia which is motivated by customs and culture that have grown since long ago.