Perkembangan Politik Hukum Islam pada Masa Klasik dan Kontemporer

Abstract

Religious teachings and pressures can serve as a motivator that directs people to postulate a legal system into a spirit of divinity, and by virtue of the law will achieve the goals of justice, certainty and usefulness. The history of law and religion is essentially integrated. From the beginning of Islamic history there was a group of scholars who could resolve legal problems. They succeeded in establishing the caliph and also as a guardian, transmitter, and interpreter of Islamic law. In the process, Islamic law gained control over the evolution of legal doctrines. However, Islamic Law has never been unanimously accepted in any part of the world, a reality like this is very disappointing and causes tension in Islamic politics. Therefore it is very necessary to know how the comparison of the political development of Islamic law in the classical and contemporary times. To find this out, research is carried out using the type of normative legal research. Furthermore, the results of the study are as follows: first, in the classical political times Islamic law has reached various legal issues in the world, such as: first, constitutional; second, civil law, and; the three criminal laws, but the influence of Islamic law faded along with the end of the Caliphate and the collapse of the Ottoman Empire; secondly, in the development of legal formation in the context of Islamic law, the Islamic law has regained its position as one of the legal structures that prevails in society and becomes the raw material in the formation of law.