Professor Tholabi Highlights the Importance of National Law Coexistence

Main Auditorium, UIN News Online – Dean of FSH UIN Jakarta, Ahmad Tholabi Kharlie, was inaugurated as Professor of Indonesian Islamic Law. The inauguration ceremony was held at the Harun Nasution Auditorium, campus I of UIN Jakarta on Wednesday (09/14/2022).

In his inaugural speech entitled Koeksistensi Hukum Nasional: Reformulasi Hukum Keluarga dan Hukum Administrasi di Indonesia, Tholabi highligts the importance of national law coexistence.

Tholabi highlighted the importance of the national law coexistence in supporting the status of the rule of law in Indonesia. Referring to sources of law in the country, national law in Indonesia actually consists of three pillars, namely western law, customary law, and Islamic law.

Nevertheless, he said, the reality of national law is often problematic because in practice, there is competition between legal pillars that is difficult to avoid. Between one norm and another, it is often found that there is a conflict between positive legal norms and other positive legal norms originating from Islamic law.

Such conditions, he continued, led to a situation where one particular norm was applied, which was accompanied by the marginalization of other norms despite responding to the same legal object. Tholabi considers this to be contrary to the spirit of the nation's founders in forming national law.

“Instead of creating harmony between legal pillars, on the contrary, it reduces the essence and substance of efforts to establish national law in Indonesia,” he said.

Therefore, Tholabi proposed the importance of coexistence of national law by not giving space for clashes between customary law, western law, and Islamic law. For the coexistence of national law, Tholabi proposed three important steps.

First, recognizing the existence of each pillar of law without contradicting each other. The pillars can coexist as long as they do not conflict with the basic principles of the state. “The unification of legal material from various pillars is adjusted to the needs of the community,” he explained.

Second, the rules, concepts or institutions of one system explicitly and implicitly influence the formulation, interpretation, and application of rules, ideas, and other financial institutions from one system that are included in the other system. “This condition will eventually give birth to the interaction of one system with another system,” he said.

Third, the collective awareness of legislators, interpreters of laws, and implementers of laws on the importance of coexistence of national law through the process of forming, monitoring, interpreting, and implementing a norm of statutory regulations.

However, in building legal coexistence, he said, simultaneous, comprehensive and sustainable steps are needed. “Therefore, a number of instruments can be adopted, such as the National Legislation Program and the National Medium-Term Development Plan,” said Tholabi.

For information, Tholabi completed his primary and secondary education at Pondok Pesantren al-Khairiyah Serang and Pesantren Darussalam Ciamis, Tholabi pursued his higher education at IAIN Jakarta (now, UIN Jakarta). At IAIN Jakarta, Tholabi managed to take his education from undergraduate to doctoral level in the field of Islamic Law. He also completed his education at Universitas Negeri Jakarta, Universitas Terbuka, and Universitas Muhammadiyah Jakarta.

He is also active in conducting research and publishing his research articles in a number of accredited national journals and recognized international journals. He has written a number of books in the field of Islamic law, such Hukum Keluarga Indonesia and Kodifikasi Hukum Keluarga Islam Kontemporer. His articles and opinions have also been published in various national mass media.

Apart from his teaching and researching activities, Tholabi is active in a number of social services. For example, he was trusted to be the Head of the Banten Tilawatil Quran Development Institute (LPTQ), Member of the Central MUI Fatwa Commission, ICMI administrator, and assessor of BAN PT. Since 2019, the man who was born in Serang, August 7, 1976, has been trusted to lead the Faculty of Sharia and Law (FSH) of UIN Jakarta. (zm/usa)