KODIFIKASI HUKUM ISLAM SEBAGAI IUS CONSTITUENDUM TERHADAP LIVING LAW YANG HIDUP DI DALAM MASYARAKAT

Abstract

Indonesia applies a codification system to Islamic law, namely through compilation pathways, although there is a difference in understanding among legal experts regarding terms of compilation that are different from codification, but the most important thing to understand is that the provisions of Islamic law that apply in Indonesia require an urgency for equality of laws and for covering up the legal vacuum in society, so that codification is a solution to answer these problems (ius constituendum). However, it can be projected that the idea of coding is hampered by a variety of pluralities that exist in the community, especially living law that is unwritten law in force in society. the problem in this research is how is the codification of Islamic law as ius contituendum towards living law that lives in society. The result of this research is that it is also necessary to know that although pluralism within Indonesian society can be an obstacle, not a few cultures in Indonesia have actually applied traditional values originating from Islamic values, where Islam itself is the religion adopted by the majority of the population in Indonesia.

Keywords : Islamic Law Codification, Living Law.