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De-Secularizing Legal Education in Indonesia: Examining the 'Introduction to Jurisprudence' Textbooks on Norm Classification

International Seminar on Islamic Civilization and Thought (2017), Conference Proceeding

11 Pages Posted: 29 Nov 2017  

Fajri Matahati Muhammadin

Universitas Gadjah Mada (UGM) - Faculty of Law

Hanindito Danusatya

GMF AeroAsia

Date Written: November 20, 2017

Abstract

Fiqh and Ushul al-fiqh are major themes of the Shari’ah and has been a subject of a rich multitude of scholarly work and development since the 8th century AD until today. Would it not raise questions if the largest Muslim population – Indonesia – has a legal education which is very detached from fiqh and ushul al-fiqh, making law graduates generally unfamiliar with such a rich Islamic tradition?

This paper will highlight the legal education in Indonesia, specifically at the “Introduction to Jurisprudence” course (ITJ) offered at undergraduate programs. This course is compulsory to all law students in their first semester and is the foundation to understand law. This paper will analyze the most used textbooks for the (ITJ) course taught in the major law schools around Indonesia.

One of the early fundamental topics would be the classification of different types of norms, aiming to distinguish what a ‘legal norm’ is. It will be found that the classification tends to be a secular one, and may potentially provide a platform of secular thought in the students’ way of legal reasoning. This is despite the Indonesian state ideology and legal system being not secular, despite not officially adopting any particular religion.

It is believed that deconstructing the current norms classification in the textbooks using materials from fiqh and ushul al-fiqh may in the long run help de-secularize the legal education and legal reasoning of the graduates.

Keywords: Islamization of Knowledge, Jurisprudence, Norms, Legal Education, Indonesia

Suggested Citation

Muhammadin, Fajri Matahati and Danusatya, Hanindito, De-Secularizing Legal Education in Indonesia: Examining the 'Introduction to Jurisprudence' Textbooks on Norm Classification (November 20, 2017). International Seminar on Islamic Civilization and Thought (2017), Conference Proceeding. Available at SSRN: https://ssrn.com/abstract=3077141

Fajri Muhammadin (Contact Author)

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

HOME PAGE: http://fajrimuhammadin.staff.ugm.ac.id

Hanindito Danusatya

GMF AeroAsia ( email )

Indonesia

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