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An in-depth overview of transformation of fiqh to state law of Indonesia provides us with a local context of Islamic legal reformism. Also, it reveals the characteristics of the transformation of fiqh or Islamic law into state law which is specifically Indonesian. However, it seems to confirm the impact of the Western influence of modernization and the concept of nation-state on the recent development of Islamic law in general.
In local context of Indonesian Islam, I would argue, it says that instead a process of the Islamization of the state the reverse was the case. It is the making of Indonesian fiqh, or let’s say fiqh Indonesia. Such transformation precisely imported the state political discourse of Islamic law in the New Order government. It is safe to say that more than ever Islamic law had been reformulated in accordance with the state political programmes and interests. However, this is not to confirm the arbitrary and haphazard nature with which Joseph Schacht associated modern Islamic legislation. On the contrary, it is a sort of legislative accommodation of Muslims interests. There can be no question that the step-by-step process of the transformation of Islamic legislation was supported by Muslims. Therefore, there have been mutual benefits for both Muslim people and the state. Their aspirations need to be accommodated, but the state also needs them to legitimize its interests.
Be that as it may, the state political discourse on the transformation of fiqh or Islamic law into state law depicts a locally Indonesian character of Islamic law or fiqh Indonesia in practical terms. On the one hand, it functions to resolve the quasi- conflict between Islamic law and adat practices. This without doubt had been the fitting instrument to revise the conflict approach in the relationship between the two that had its origins in colonial policy. The transformation has downed on more and more legal scholars and Muslim leaders, Fadhil Lubis says, that the conflict was created or at least exaggerated to suit the political purposes of the colonial administration. This specific phenomenon of Indonesia, to some extent, confirms what Léon Buskens calls as the changing relationships between Islamic and state law. According to him, the creation of a national legal system in many Muslim countries after their independence did not mean re-introduction of Islamic law as it existed before colonialization. Any attempts of islamization in the form of Islamic law codification seem only to legitimize existing regimes.
As a result, on the other hand, the transformation of fiqh or Islamic law into state law under the New Order stimulated on advance to make Islamic law closer to adat practices and institutions. This is proved by the extensive accommodation of adat practices in the Compilation of Islamic law. Notwithstanding the fact that this accommodation is perceived as controversial, some adat and local practices have been considered not to be in contravention of Islamic law. Thus, apart from the political overtones with which Islamic law has long been associated, it has now touched upon the issue of methodology. In the light of establishing harmonious relationship with adat.. The transformation is likely to provide Islamic law with the empirical method and the living traditions which can be to be used in the law-discovering process. Therefore, instead of the textual domination of the application of Islamic law, ideally it can be empirical in character.
The above characteristics seem to agree with the basic ideas of the transformation and reformism. In addition to the purpose of Islamic law (maqasid al-shari‘ah) to which the transformation refers, Islamic law is truly a dynamic and living legal system with a high degree of adaptability. So, it is found no problem in adjusting the application of Islamic law to a specific locality, custom, tradition, or culture without endangering the universality of Islamic law. This way of thinking may change some of the prescriptions of Islamic law, departing from what is in its sources. Also for these reasons, the search for its normative basis can be based on specific context of localities. This is exactly the point that signifies the liberal character and the commitment to plurality, so to speak, of the discourse of Islamic law.
In local context of Indonesian Islam, I would argue, it says that instead a process of the Islamization of the state the reverse was the case. It is the making of Indonesian fiqh, or let’s say fiqh Indonesia. Such transformation precisely imported the state political discourse of Islamic law in the New Order government. It is safe to say that more than ever Islamic law had been reformulated in accordance with the state political programmes and interests. However, this is not to confirm the arbitrary and haphazard nature with which Joseph Schacht associated modern Islamic legislation. On the contrary, it is a sort of legislative accommodation of Muslims interests. There can be no question that the step-by-step process of the transformation of Islamic legislation was supported by Muslims. Therefore, there have been mutual benefits for both Muslim people and the state. Their aspirations need to be accommodated, but the state also needs them to legitimize its interests.
Be that as it may, the state political discourse on the transformation of fiqh or Islamic law into state law depicts a locally Indonesian character of Islamic law or fiqh Indonesia in practical terms. On the one hand, it functions to resolve the quasi- conflict between Islamic law and adat practices. This without doubt had been the fitting instrument to revise the conflict approach in the relationship between the two that had its origins in colonial policy. The transformation has downed on more and more legal scholars and Muslim leaders, Fadhil Lubis says, that the conflict was created or at least exaggerated to suit the political purposes of the colonial administration. This specific phenomenon of Indonesia, to some extent, confirms what Léon Buskens calls as the changing relationships between Islamic and state law. According to him, the creation of a national legal system in many Muslim countries after their independence did not mean re-introduction of Islamic law as it existed before colonialization. Any attempts of islamization in the form of Islamic law codification seem only to legitimize existing regimes.
As a result, on the other hand, the transformation of fiqh or Islamic law into state law under the New Order stimulated on advance to make Islamic law closer to adat practices and institutions. This is proved by the extensive accommodation of adat practices in the Compilation of Islamic law. Notwithstanding the fact that this accommodation is perceived as controversial, some adat and local practices have been considered not to be in contravention of Islamic law. Thus, apart from the political overtones with which Islamic law has long been associated, it has now touched upon the issue of methodology. In the light of establishing harmonious relationship with adat.. The transformation is likely to provide Islamic law with the empirical method and the living traditions which can be to be used in the law-discovering process. Therefore, instead of the textual domination of the application of Islamic law, ideally it can be empirical in character.
The above characteristics seem to agree with the basic ideas of the transformation and reformism. In addition to the purpose of Islamic law (maqasid al-shari‘ah) to which the transformation refers, Islamic law is truly a dynamic and living legal system with a high degree of adaptability. So, it is found no problem in adjusting the application of Islamic law to a specific locality, custom, tradition, or culture without endangering the universality of Islamic law. This way of thinking may change some of the prescriptions of Islamic law, departing from what is in its sources. Also for these reasons, the search for its normative basis can be based on specific context of localities. This is exactly the point that signifies the liberal character and the commitment to plurality, so to speak, of the discourse of Islamic law.
