RELEVANSI TARIKH TASYRI’ TERHADAP PENERAPAN HUKUM ISLAM DI INDONESIA: SEBUAH KAJIAN HISTORIS DAN NORMATIF

Abstract

This research examines the relevance of Tarikh Tasyri' principles to the application of Islamic law in contemporary Indonesia. Tarikh Tasyri' is a discipline that studies the history of the formation and development of Islamic law from the prophetic era to the modern age. Using a descriptive qualitative approach through library research, this study analyzes how fundamental principles in Tarikh Tasyri', such as tadarruj (gradualism), contextual ijtihad, and the role of political authority, can be applied in the context of modern Indonesia which is plural and democratic. The research findings indicate that the historical development of Islamic law acceptance in Indonesia occurred gradually, starting from the era of Nusantara sultanates, facing restrictions during the colonial period through reception theory, to post-independence integration through various regulations such as the Marriage Law of 1974, expansion of Religious Court authority, and the compilation of Islamic Law. The integration of Islamic law into the national legal system proves that sharia can operate in harmony with the principles of Pancasila and the 1945 Constitution. This research concludes that understanding Tarikh Tasyri' provides an important foundation for the development of Islamic law in Indonesia that is moderate, inclusive, and responsive to contemporary challenges such as sharia economics, fintech, productive waqf, and digital zakat.