Upaya Kodifikasi Dalam Mewujudkan Legislasi Hukum Islam Ke Dalam Hukum Nasional

Abstract

Islamic law is based on the Al-Qur’an and Hadith under the title of sharia, while Islamic law under the title Fiqh is found both in the thoughts of ulama and fiqh books through ijtihad and remains guided by the Al-Qur’an and Hadith. The history of Islamic law continues to develop and needs to be reformed while still being guided by the Qur'an and Hadith. So that initially Islamic law was only a source of Islamic law, it was necessary to realize taqnin or codification of Islamic law so that it had legal force or was known as legal certainty. Codification is a process of recording and enforcing Islamic law in the form of statutory regulations compiled systematically. Codification of Islamic law by mujtahid schools through the science of Ushul Fiqh with Qawaid Ushuliyah and Qawaid Fiqhiyah in determining Islamic law. The essence of the codification of Islamic law is expected to be able to create certainty of legal order in society regarding all provisions relating to Islamic law which can lead to the unification of Islamic law in Indonesia.

The research uses literature studies from several books and other scientific writings related to codification efforts in realizing Islamic legal legislation into national law with the aim of realizing legal certainty and order in society which can ultimately lead to the unification of Islamic law in Indonesia.