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
Date Written: October 24, 2018
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
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