2001-2004年民主过渡政府时期国内法中伊斯兰教法调和分析

Ilda Hayati, Busman Edyar
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引用次数: 0

摘要

本文旨在分析在梅加瓦蒂·苏加诺普特里领导的民主转型时期(2001-2004),伊斯兰法律在国家法律体系中的地位。尽管她和她领导的支持党(PDIP)经常与世俗主义联系在一起(至少被认为对穆斯林的问题不敏感),但在她2001年至2004年的统治期间,一些以法律形式照顾穆斯林利益的法规诞生了。本研究采用规范的研究方法,以一手为基础的二手数据来源。本研究发现,在2001-2004年过渡政府期间制定的126项法律中,有14项法律与穆斯林的利益有交集,这些法律以两种模式进行容纳;首先是形式主义的妥协,其中法律加强了针对印度尼西亚穆斯林的伊斯兰法律的制定,例如2001年关于NAD省特别自治法的第18号法律;关于倡导者的2003年第18号法律,等等。第二,以符合伊斯兰教法的实体法形式提供便利,或至少不违背伊斯兰教义,如2001年第20号法(关于对1999年第31号法的修正)、2002年第30号法(关于反腐败委员会)、2002年第23号法(关于儿童保护)等所示。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004
This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.
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来源期刊
CiteScore
1.60
自引率
0.00%
发文量
16
审稿时长
12 weeks
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