The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education

Proceeding of the 1st International Conference on Law, Technology, and Society (ICOLESS) 2018, Batu, Indonesia, October 24-25, 2018

7 Pages Posted: 31 Oct 2018 Last revised: 12 Nov 2018

See all articles by Nurizal Ismail

Nurizal Ismail

Center of Islamic classical text, stei tazkia

Fajri Muhammadin

Universitas Gadjah Mada (UGM) - Faculty of Law; International Islamic University of Malaysia (IIUM), Ahmad Ibrahim Kulliyyah of Laws

Hanindito Danusatya

GMF AeroAsia

Date Written: October 24, 2018

Abstract

The Indonesian legal system is a religious one. However, there is strong traces of secularism in the legal education in non-Islamic universities. This article observes the teaching of purposes of law in the ‘Introduction to Jurisprudence’ course (ITJ) at the top law schools in Indonesia, particularly on the ‘Purposes of Law’ Chapter via the most used textbooks. It finds that there is little space for religiosity there especially on one of the main purposes of law according to all the textbooks: ‘utility’ primarily based on Jeremy Bentham’s utilitarianism theory. It is argued that the current approaches to utility is a secular approach which does not conform to the character of Indonesia. This article argues further that the Maqashid Al-Shari’ah is more appropriate to explain ‘utility’ in context of the Indonesian legal system, and should take its place among the ‘purposes of law’ chapter in the Indonesian legal education.

Keywords: Introduction to Jurisprudence, Purpose of Law, Legal Education, Maqashid Al-Shari’ah, Indonesia

Suggested Citation

Ismail, Nurizal and Muhammadin, Fajri and Danusatya, Hanindito, The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education (October 24, 2018). Proceeding of the 1st International Conference on Law, Technology, and Society (ICOLESS) 2018, Batu, Indonesia, October 24-25, 2018 . Available at SSRN: https://ssrn.com/abstract=3262033

Nurizal Ismail

Center of Islamic classical text, stei tazkia ( email )

Jl. Ir. H. Djuanda No. 78
Sentul City
Bogor, West Java 16810
Indonesia

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

International Islamic University of Malaysia (IIUM), Ahmad Ibrahim Kulliyyah of Laws ( email )

P.O. Box 10, 50728
Kuala Lumpur
Malaysia

Hanindito Danusatya

GMF AeroAsia ( email )

Indonesia

Register to save articles to
your library

Register

Paper statistics

Downloads
10
Abstract Views
54
PlumX