The Transformation of Islamic Law in Sharia Marriage and Banking Legislation in Indonesia

Abstract

This research discusses the transformation of Islamic law in the Indonesian legal system, with a focus on marriage legislation and Islamic banking. This transformation is not only in the form of normative adoption, but also a dialectical process that involves adaptation, accommodation, and assimilation between sharia principles and a positive national legal framework. The research uses a qualitative approach with a case study method, through the analysis of primary and secondary literature in the form of laws and regulations, fatwas, jurisprudence, and academic publications. The results of the study show that Islamic law has made a significant contribution to the formation of national law, especially through the recognition of religious courts, codification of marriage laws, and the development of the Islamic banking sector. However, there are major challenges in the context of digital banking and Islamic fintech, such as regulatory vacancies, low Islamic financial literacy, and suboptimal market share. This study recommends the importance of harmonizing inter-institutional regulations, establishing special rules for Islamic fintech, increasing Islamic financial literacy, and strengthening the social role of Islamic banking so that the principle of Islamic substantive justice can be realized. These findings confirm that the sustainability of Islamic law in the national system depends on its ability to adapt to global technological, social, and economic dynamics, without losing its normative identity.