Putusan Mahkamah Konstitusi sebagai Tafsiran Resmi Hukum Islam di Indonesia


  • Alfitri Alfitri Dosen Jurusan Syariah, Sekolah Tinggi Agama Islam Negeri Samarinda (STAIN Samarinda)




Constitutinal Court Decisions, Interpretation of Islamic Law, Siyasah Syar'iyyah


Unlike other Muslim countries, Indonesia does not make any reference to sharia as a source of legislation in its Constitution. Despite the fact, some aspects of sharia have been incorporated into Indonesian legal system. These “Islamic” state laws have been challenged by Muslims in Indonesia since their very first enactment in 1970s and now they find a new avenue to be settled with the institution of the Constitutional Court in 2003. This paper is to analyze what happen when a country such as Indonesia suddenly has to adjudicate disputes on which interpretation of Islamic law valid in Indonesia? In particular, it will assess methods employed by the Constitutional Court Judges in Indonesia in arbitrating contentions between conservative Muslims’ and the government’s claims regarding the extent to which Islamic law should be recognized, applied, and enforced by the state? Is the Court’s approach in settling down the cases still within the boundary of Islamic legal theory?This paper argues that the Court does declare itself as the legal authority in Indonesia and, thus, it reserves for itself the power to interpret and restrict Islamic law as it sees fit with the state’s agenda. However,the Court does that by considering and utilizing the concepts and vocabularies in Islamic law to justify its decisions. Hence, the Court’s decisions fall within the scope of siyasa shar`iyya, and its interpretation of which Islamic legal norms effective in Indonesia can be justified accordingly.


Al-Ghazali, 1937, al-Mustasfa, Cairo: al-Maktabah at-Tijariyyah al-Kubra.
Asy-Syatibi, t.t.,al-Muwafaqat fi Usul asy-Syari`ah, Beirut: Dar al-Kutub al-'Ilmiyyah.
Butt, Simon and Tim Lindsey, 2012, The Constitution of Indonesia: A Contextual Analysis, Oxford and Portland: Hart Publishing.
Butt, Simon, 2010, “Islam, the State and the Constitutional Court in Indonesia,” Pacific Rim Law and Policy Journal, vol. 19, no. 2.
Hallaq, Wael B. 2009, Sharia: Theory, Practice, Transformation, Cambridge: Cambridge University Press.
Hosen, Nadirsyah, 2005, “Religion and the Indonesian Constitution: A Recent Debate,” Journal of Southeast Asian Studies, Vol. 36, No. 3.
Huis, Stijn Cornelis van and Theresia Dyah Wirastri, 2012, “Muslim Marriage Registration in Indonesia: Revised Marriage Registration Laws Cannot Overcome Compliance Flaws, Australian Journal of Asian Law, Vol. 13, No. 1, Article 5.
Katz, June S. and Ronald S. Katz, 1975, “The New Indonesian Marriage Law: A Mirror of Indonesia’s Poitical, Cultural, and Legal Systems, American Journal of Comparative Law, Vol. 23, No. 4.
Lombardi, Clark B., 2006,State Law as Islamic Law in Modern Egypt: The Incorporation of the Shari`a into Egyptian Constitutional Law, Leiden; Boston: Brill.
Lombardi, Clark B., 2013, Constitutional Provisions Making Sharia “A” or “The” Chief Source of Legislation: Where did They Come from? What do They Mean? Do They Matter?”, American University International Law Review, vol. 28, no. 3.
Cammack, Mark, 1999, “Islam, Nationalism, and the State in Suharto’s Indonesia,” Wisconsin International Law Journal, vol. 17.
Wahid, Marzuki, 2010, “Reformation of Islamic Law in Post-New Order Indonesia: A Legal and Political Study of the Counter Legal Draft of the Islamic Law Compilation,” in Islam in Contention: Rethinking Islam and the State in Indonesia, Ota Atsushi et al. eds., Jakarta; Kyoto; Taiwan: Wahid Institute- CSEAS-CAPAS.




How to Cite

Alfitri, Alfitri. 2016. “Putusan Mahkamah Konstitusi Sebagai Tafsiran Resmi Hukum Islam Di Indonesia”. Jurnal Konstitusi 11 (2):296-314. https://doi.org/10.31078/jk1125.