STUDI TENTANG TEORI-TEORI HUKUM ISLAM YANG BERHUBUNGAN DAN MENDUKUNG KEBERADAAN PERADILAN AGAMA DI INDONESIA

Abstract

It is necessary to study Islamic legal theories that relate to and support the Religious Courts in Indonesia as Islamic family courts that grow and develop in resolving disputes fairly, especially for the Indonesian Muslim community. This writing aims to discuss legal theories that support the existence of the Religious Courts in Indonesia and the history of the Religious Courts in Indonesia from before independence until now. The method in this research is normative legal research. The discussion is directed to material analysis of Islamic legal theories and the arguments and principles of fiqh, which form the basis of thinking. The results of research on the existence of the Religious Courts in Indonesia are proven by supporting legal theory, receptive in complex theory, reception theory, sensory exit theory, receptive a contrario theory and other theories that have developed to help the existence of the Religious Courts and existing regulations such as Law no. 7 of 1989 which has been amended by Law no. 3 of 2006, then amended again by Law no. 50 of 2009 concerning the Religious Courts and Compilation of Islamic Law with Presidential Decree No. 1 of 1991, as well as Decree of the Minister of Religion No. 154 of 1991 concerning the Implementation of the Compilation of Islamic Law, it is hoped that a new chapter will begin for the History of the Development of the Religious Courts in Indonesia