Incorporating Qawaidh Fiqhiyyah to the 'Principles of Law' Chapter in the Introduction to Jurisprudence Course in Indonesia's Legal Education
Proceeding of the International Conference on Research in Islamic Education (ICRIE), Universiti Teknologi Malaysia, 2018
11 Pages Posted: 31 Oct 2018
Date Written: November 27, 2018
Indonesia is a Muslim majority, does not fully apply the Shari’ah but its society and legal system is religious. However, there is very little trace of Islamic teachings in the Indonesian legal education, and instead it is almost entirely more Western-secular in terms of content. How can a religious legal system be implemented by secular-minded legal scholars? This research highlights a first semester compulsory and fundamental course in Indonesian law schools which is the 'Introduction to Jurisprudence' (ITJ) course. More specifically, this research particularly observes the textbooks of the ‘Principles of Law’ chapter. Primarily using a doctrinal legal research method (and using empiric data as supporting evidence), this research compares the teaching of the ‘Principles of Law’ chapter in ITJ with the ‘Qawaidh Fiqhiyyah’ in Fiqh, and finds first that their materials are parallels. Secondly, as the core problem of this research, it is found that Qawaidh Fiqhiyyah can be incorporated into the teaching of the ‘Principles of Law’ chapter in the ITJ course. It is therefore hoped that future ITJ textbooks can contain this incorporation, so that law students in Indonesia are educated with legal analysis skills which is religious in character and therefore more consistent with the Pancasila.
Keywords: Principles of Law, Introduction to Jurisprudence, Qawaidh Fiqhiyyah, Legal Education, Indonesia
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