Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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Islamic private law In the socio-cultural frame
Munawar Rahim

Last modified: 2023-07-28


Social culture is everything that is created by man with his mind and conscience for social life. While private law (civil) is a law that regulates family relationships, including marriage, guardianship, transfer of property, endowments, grants, Sadaqah, and others. Islamic law cannot be separated from various social realities, because Islamic law lives and develops along with the development and social changes of society. Thus, Islamic law that can not be separated from the sociological aspects in its formation and development. These sociological aspects have been accommodated in jurisprudence (reasoning results), Ulema fatwas, Court jurisprudence, and legislation. this appears with the issuance of several laws and government regulations based on Islamic law, the government is accommodating to legal ideas derived from the Islamic religion whose application is adapted to the socio-cultural conditions of Indonesian society, as the adage of Islamic law: changes in a law are adapted to changes in time, place, circumstances and traditions prevailing in society.


Social culture; private law; Islam

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