Pemikiran Hukum Nasional A. Qodri Azizy: Eklektisisme Hukum Islam dan Hukum Umum

Hefni, Wildani (2022) Pemikiran Hukum Nasional A. Qodri Azizy: Eklektisisme Hukum Islam dan Hukum Umum. Undang: Jurnal Hukum, 5 (2). pp. 481-511. ISSN 2598-7933

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Abstract

This article discusses the legal thought of A. Qodri Azizy combines three materials of national law in Indonesia. This article focuses on the Islamic legal thought of Qodri which is based on the narrative of the flexibility between Islamic law and general law based on compatibility within Indonesian context. Qodri used a concept called Eklektisisme Hukum to unify the all materials of national law. Qodri offers Islamic law as a product of knowledge (ijtihad) that can be reconstructed as a system that is considered to be more holistic and comprehensive. In the development of national law, Qodri refused to formalize Islamic law in Indonesia in its application. He relies more on scientific dialectics that can be accepted democratically. Qodri argues that the realization of Indonesian law requires a collective effort to eliminate divisions in certain areas. According to this article, Qodri refused the formalization of Islamic law in line with his approach to refused of Western law with an absolute paradigm. On another hand, he refused customary law. According to Qodri’s legal thought, each legal building has a link to be integrated with the Indonesian context by integrating various disciplines to build a spirit of national legal with Indonesian characterictic. At this point, Qodri’s eclecticism approach finds its relevance in integrating of general law and Islamic law which is based on the middle path of national compromise.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law
Divisions:	Fakultas Syariah > Hukum Keluarga
Depositing User:	Wildani Hefni
Date Deposited:	29 Mar 2023 03:24
Last Modified:	29 Mar 2023 03:24
URI:	http://digilib.uinkhas.ac.id/id/eprint/21128

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