Harmonization Patterns and Positivism of Fatwa Into Indonesian National Law: Study On The Renewal Fatwa of Mui In Islamic Law

Abstract

The concept of Indonesian independence is a country of laws but not a religious state nor a secular state. Certainty that Indonesia is a country of law is based on the results of the 1945 changes, Article 1 Paragraph (3) Amendment to the 1945 Constitution confirms that Indonesia is a country of law. In another aspect, Indonesia declared as a religious nation state (religious nation-state). In national and state norms be used as guidelines of religion under Article 29 paragraph (1) "State based upon the belief in God Almighty." This article by Hazarin mean that laws established by the state must not conflict with the teachings contained the recognized religions in Indonesia. Ideally, MUI fatwa presence as unifier, lightening and harmonizes with national laws, for the interests of MUI fatwa is demanded to reform the contents of fatwa by considering indonesian and modernity. At another level of national law also demanded to be responsive of the living law of life in Indonesian society.

Key Words : Harmonization, Indonesian National Law, Islamic Law