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
Date Written: November 20, 2017
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
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