The sociology of law in the context of Islamic Legal Scholarship in Indonesia
DOI:
https://doi.org/10.21831/jss.v18i2.50847Keywords:
Sociology of law, Islamic law, multi-disciplines, positivism.Abstract
This article examines the sociology of law in the context of Islamic legal scholarship in Indonesia. As a method, the sociology of law has basically been employed by Islamic legal scholars in Indonesia. However, the study of Islamic law is generally under the discipline of Islamic studies. In fact, although Islamic studies in Indonesia has recently utilised social sciences methods, the popularity of this approach is low compared to normative and textual types of Islamic legal studies. In addition, the trend of positivism which has been a general feature of Islamic legal studies has significantly contributed to this situation. In the light of this context, this article offers a view that the adoption of the sociology of law in the context of Islamic legal studies scholarship in Indonesia will serve as an alternative. It is expected that Islamic legal studies will be more multidisciplinary in nature and be based on more tacit social realities in substance.
References
Abdullah, M. A. (1996). Studi agama: Normativitas atau historisitas? Pustaka Pelajar.
Abdullah, M. A. (2006). Islamic studies di perguruan tinggi. Pustaka Pelajar.
Anleu, S. L R. (2000). Law and social change. SAGE Publication.
Burtch, B. (2006). The sociology of law. Harcourt Brace Jovanovich Canada Inc.
Carlen, P. (ed). (1976). The sociology of law. University of Kelee.
Cotterrell, R. (1992). The sociology of law: An Introduction, 2nd Edition, Butterworths.
Cuff, E.C. & Payne GCF (eds). (1981). Perspectives in sociology, George Allen and Unwin.
Durkheim, E. (1979). Law, evolution and society, in Campbel, C.M. & Wiles, P. (eds), Law and society, Martin Robertson.
Evan, W. M. (1962). Introduction: Some approach to the sociology of law. in Evan, W. M. (ed), Law and sociology: Exploratory essay. Greenwood Press.
Gillisen, J & Gorle, F. (2009). Sejarah hukum: Suatu pengantar (terj. Freddy Tengker). Refika Aditama.
Gurvitch, G. (1947). Sociology of law, Keagan Paul.
Haralambos, M. & Holborn, M. (2004). Sociology: Themes and perspectives. Collins, Brisbane and Perth.
Kerruish, V. (1991). Jurisprudence as ideology. Routledge.
Parsons, T. (1962). The law and social control. In Evan, W. M. (ed), Law and sociology: Exploratory sssay. Greenwood Press.
Rahardjo, S. (2003). Sisi lain hukum Indonesia, Penerbit Buku Kompas.
Soekanto, S. (1988). Pokok-pokok sosiologi hukum. Rajawali Pers.
Treviño, A J. (2001). The sociology of law in global perspective. The American Sociologist. 32(2). 5-9.
Vago, S. (1988). Law and society. Prentice Hall
Weber, M. (1979). Law, rationalism and capitalism. in Campbel, C.M. & Wiles, P. (eds), Law and society. Martin Robertson.
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
