THE PATTERN OF ABSORPTION OF ISLAMIC LAW INTO NATIONAL LAW: Study of The Halal Product Guarantee Law in The Perspective of Maqashid Shari’ah

Abstract

The transformation of Islamic Law into the Halal Product Guarantee or Jaminan Produk Halal (JPH) Law is unique. Muslim minorities in Indonesia worry that the JPH Law is no longer voluntary but mandatory. The state acts as a regulator and an operator at the same time. This is because the JPH Law is derived from Islamic law but is intended for both Muslim and non-Muslim producers, in national and international context. This research aims to analyze the pattern of absorption of Islamic law in the jurisprudence provisions of halal products into the JPH Law and to review it from the perspective of maqashid shari’ah. This is a normative juridical research with a qualitative approach. The results indicate that 1) there are two patterns of absorption. On one hand, its existence reflects the pattern of Islamization of national law. On the other hand, it reflects the pattern of nationalization of Islamic law; 2) in the perspective of maqashid shari’ah a) the pattern of Islamization of JPH into National law is an expression of preserving religion (hifdz al-din) and the realization of hifdzu al-’aql; b) the pattern of nationalization of Islamic law in the JPH Law is deemed appropriate, if it is related to the philosophical values contained in the pattern of absorption of Islamic law. This is because the nationalization of Islamic law is a pattern that emphasizes the absorption of Islamic legal values that are compatible with Indonesian culture.