Hubungan antara fiqih dan hukum positif di Indonesia

Abstract

This study examines the relationship between fiqh and positive law in Indonesia with a focus on the dynamics of integration, fundamental differences, and their implications for the Muslim community. Fiqh, as an Islamic legal system, is derived from the Qur’an, Hadith, and scholarly ijtihad, while positive law consists of regulations formulated and enforced by the state through authorized institutions based on the constitution. Through a literature-based analysis, this study demonstrates that both legal systems share points of convergence within social practice, particularly in the areas of family law, Islamic economic regulations, and religious administration. The incorporation of fiqh principles into positive law provides legal certainty for Muslims, yet simultaneously presents challenges when differences in core legal principles arise, such as in determining the legal age for marriage and in the distribution of inheritance. Legal harmonization is carried out through state regulations, jurisprudence, and flexible legal mechanisms such as the Compilation of Islamic Law and the option to apply different legal systems. The findings affirm that fiqh and positive law are not mutually exclusive, but rather two legal systems that influence each other in shaping justice in Indonesia. Further research is needed to formulate legal approaches that are adaptive to social developments without disregarding Islamic values.