The Implementation Islamic Law in Democratic State: Normative and Socio-Political Study

Abstract

The implementation of Islamic Sharia within a democratic state such as Indonesia remains a complex and relevant issue, particularly in balancing religious legal principles with a national legal system that emphasizes pluralism, democracy, and religious freedom. This study aims to analyze the influence and integration of Islamic law within Indonesia’s national legal framework from normative and sociopolitical perspectives. The research focuses on several legal regulations that reflect the institutionalization of Islamic legal principles, including Law No. 1 of 1974 concerning Marriage, Law No. 23 of 2006 concerning Population Administration, Law No. 7 of 1989 concerning Religious Courts, Government Regulation No. 9 of 1975, and Presidential Instruction No. 1 of 1991 regarding the Compilation of Islamic Law (KHI). This research employs a normative juridical method supported by qualitative analysis of statutory regulations and relevant scholarly literature. The findings indicate that the incorporation of Islamic law into the Indonesian legal system has been carried out through a contextual, adaptive, and compromise-based approach, reflecting the dynamic interaction between religious values and democratic principles. The implementation process demonstrates that Islamic legal norms are accommodated within the national legal structure while maintaining the state’s commitment to pluralism and constitutional democracy. In conclusion, the relationship between Islamic law and the Indonesian legal system illustrates an ongoing negotiation between religious aspirations, sociopolitical realities, and the broader framework of democratic governance.