Deskripsi/Abstract
The research problems addressed in the article are the
background story behind Ibn al-Muqaffa’s proposal for taqnīn,
the historical background of the creation of the Islamic law
codification in Indonesia, and the synchronization of ibn alMuqaffa’s idea for taqnīn with the codification of Islamic law
in Indonesia. The current study aims to unravel the view of Ibn
Al-Muqaffa, an Islamic figure, about taqnīn. A biographical
study was conducted by doing library research, especially on
Ibn Al-Muqaffa’s proposal for taqnīn. The data collection
procedure was divided into three parts i.e., orientation,
eksploration, focus-oriented research. Biographical research is
a part of qualitative study that uses data analysis technique and
literature study as the qualitative data analysis as well as
content analysis through the historical and textual approach.
The results of the study reveal the method of law implementation before and during the lifetime of Ibn AlMuqaffa which could be described as chaotic, with one of the
reasons was because, at the time, the court had not possessed
the statute that governed the legal activities other than the
Islamic jurisprudence (fiqh) which was used by the judges in
accepting, examining, and deciding on cases addressed to
them. Therefore, every judge took a decision based on their
own ijtihad (an Islamic legal term referring to independent
reasoning or the thorough exertion of a jurist's mental faculty
in finding a solution to a legal question). Ibn Al-Muqaffa
adviced the Khalifa Abu Jakfar Al-Manshur to compile the
correlated legal reasonings in Islamic jurisprudence in which
to be implemented and to be applied as the binding legal force
in the form of statutory law which was regulated nationally and
to be used as guidance by all the judges without no exception.
The codification of Islamic law in Indonesia has received a
constitutional status based on philosophical, sociological, and
juridical reasons. The researchers closely examine three types
of Islamic legal laws i.e., Act number 7 of 1989, Act number
3 of 2006, and Act number 50 of 2009 concerning Religious
Courts, Act number 41 of 2004 concerning
Waqf (Endowment), and Act number 21 of 2008 concerning
Sharia (Islamic) Banking. Taqnīn (the codification of Islamic
law) must be adjusted to demands of the present time in which
it is implemented and in accordance with the specific fields of
law, for example, taqnīn for Civil Law, Criminal Law, Family
Law, Judicial Law, State Administrative Procedure Law, State
Administrative Law, And State Finances.
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