PENOLAKAN UMAT TERHADAP RISALAH KENABIAN DAN RELEVANSINYA DENGAN PENOLAKAN MUSLIM TERHADAP UNDANG-UNDANG PERKAWINAN

Abstract

The people reject the prophetic treatise, just as some Indonesian people reject the enactment of Law No.1 of 1974 on Marriage (UUP). The question is whether there is relevance between these two objections. The results of research show there is relevance between the two. The relevance found was that both were rejected because they brought a change. People reject change, the same as some Indonesian society also rejects change. The people want establishment, the same as some Indonesian want establishment. The background of rejection is lack of understanding of the changes brought about. So the task of the prophets throughout his life is to understand the people. Most of the prophets succeeded in understanding and finally the people accepted the message of the prophetic message, but some were not understood. In line with the duties of the prophets, the task of observers, thinkers, and experts in Indonesian Islamic Family Law is to understand Indonesian society about the status of the UUP. That the UUP and related regulations are Indonesian Islamic sharia. That the UUP and related regulations are Indonesian Islamic law. That the UUP and related regulations are the same status as fiqh, fatwa, jurisprudent and interpretation, both the results of ijtihad, both the results of thought, are equally the results of understanding nash (istinbath). Even the UUP is actually a result of collective thought (ijmâ‘), while fiqh, fatwa, jurisprudence are the result of individual thought (ijtihad fardi). Although there is a collective fatwa, the number of mujtahids involved is still very limited compared to the experts involved in formulating and stipulating UUP.