Jakarta - Legal experts said with better understanding, Islamic law had the potential to strengthen the Indonesian legal system, based on the existence of many Islamic principals and values already in use in Indonesian law, at a seminar Saturday in Ciputat, South of Jakarta.
Constitutional Court President Jimly Asshiddiqie said the republic system adopted by Indonesia was in fact an application of the caliphate concept.
"The caliphate concept has been essentially misunderstood. Many people view the concept from a territorial aspect, which they take to mean Moslem authority should expand internationally," he said.
"The real meaning of the caliphate system is to be able to choose a leader irrespective of their blood relations or inherited power.
"It is almost exactly like the system we use in our general elections."
Jimly was speaking at the opening of an international seminar on opportunities and challenges for Islamic law in Southeast Asia.
The three-day event was organized by the Faculty of Shari`a and Law at Syarif Hidayatullah State Islamic University.
Speakers attending the seminar came from various Southeast Asian countries including Ahmad Hidayat Buang from the University of Malaya, Malaysia, Ahmad Fauzi Abdul Hamid from University Sains Malaysia, Iik Arifin Mansurnoor from Brunei University, Brunei Darussalam and Rifyal Ka`bah from the Indonesian Supreme Court.
Also at the seminar, former state secretary and professor of constitutional law, Yusril Ihza Mahendra, said adultery was another example of where Islamic laws were adopted by the Indonesian legal system.
"A team drafting the Criminal Code under the then justice minister, Ismail Saleh, took the definition of adultery from Islamic law and not from regulations we inherited from the Dutch colonial rulers," he said.
"The Dutch said adultery only involved married couples while Islamic law says adultery occurs between married couples and singles."
"Indonesia adopted the Islamic value so that unmarried people could be charged with adultery.
"However, we adopted a jail term for adulterers as regulated by the Dutch".
Commenting on efforts of some organizations to fully adopt Islamic law into the Indonesian legal system, Jimly said all regulations should be integrated into the national legal system and not contradict the 1945 Constitution.
"It depends on how the Islamic community ... build bridges to reduce misunderstandings about Islamic law," he said.
"What some organizations have done -- like organizing rallies asking for the implementation of Islamic law and calling for changes to the entire legal system accusing it of being the legacy of infidels -- only serves to increase people`s reluctance to adopt Islamic law."
Source: thejakartapost.com (10 Desember 2007)
