Constitutional Boundaries Islamic lawIn National Law

Abstract

Indonesia is a form of nation state consisting of territorial areas and a diversity of ethnicities, races, cultures and religions. Ethnic, cultural and religious diversity requires basic rules that guarantee the rights and interests of citizens in carrying out legal relations with each other for mutual order. The basic rules that guide and guide citizens are extracted from the value system to accommodate all citizens' interests. This value system is expressed in the form of a "collective agreement", in terms of the modern state system, it is called a constitution. The desire of Muslims to make Islam the basis of the state as outlined in the 1945 Constitution is limited considering that the form of the Indonesian state is a Pancasila state which believes in God. Within these limitations, there is a gap in applying Islamic teachings, namely only the substantive values. Method Study This use method study qualitative with use studies descriptive as design his research . Type research used _ in study This is study literature or library research , . For obtain correct and precise results _ in analyzed the data, author use technique analysis content.Analysis content ( Content Analysis ) . The constitutionalization of Islamic law into the national legal system can only be carried out through a political-legal approach that is substantive, not formalistic. Opportunities to implement Islamic law as mandated in the 1945 Constitution can be carried out at the level of legislation or presidential instructions. This approach emphasizes that indirectly universal Islamic teachings such as the protection of human rights have been included in the Indonesian constitution, even though they do not use religious language.