TRANSFORMASI HUKUM KELUARGA ISLAM DI INDONESIA Telaah Pemikiran Rifyal Ka’bah

Abstract

This research discusses about Rifyal Ka’bah’s idea on the transformation of Islamic family law to become the national law. This research focuses on how does Rifyal Ka’bah formulate the methods of the transformation of Islamic family law into national law? What is the influence of the idea of the transformation to the development of Islamic legal thought in Indonesia? This research is a type library research with qualitative descriptive analysis.This research argues that Rifyal Ka’bah believes that gradual transformation of Islamic family law to become national law is the best way to make Islamic family law going down to earth. This can be performed by the issuance of judge’s decision with a fair and consistent attitude. From the perspective of theoretical Islamic law, it is very useful to use of ra’y and urf as sources of Islamic law after al-Qur’an, Hadis, and Ijma’ through the process of ijtihad jamā’i and tarjih. Rifyal Ka’bah has given significant influences to the emergence of various efforts of Islamic jurists in revising laws and regulations in accordance with the substance contained in Islamic law, jurisprudence guided by judges throughout Indonesia and changes in the mindset judges to apply the theory of diyāni and qaḍā‘i.