Ibn Al-Muqaffa’s Proposal for Taqnīn and its Synchronization with Islamic Law Codification in Indonesia

The research problems addressed in the article are the background story behind Ibn al-Muqaffa’s proposal for taqnīn, the historical background of the creation of the Islamic law codification in Indonesia, and the synchronization of ibn alMuqaffa’s idea for taqnīn with the codification of Islamic law in Indonesia. The current study aims to unravel the view of Ibn Al-Muqaffa, an Islamic figure, about taqnīn. A biographical study was conducted by doing library research, especially on Ibn Al-Muqaffa’s proposal for taqnīn. The data collection procedure was divided into three parts i.e., orientation, eksploration, focus-oriented research. Biographical research is a part of qualitative study that uses data analysis technique and literature study as the qualitative data analysis as well as content analysis through the historical and textual approach. The results of the study reveal the method of law Ibn Al-Muqaffa’s Proposal for Taqnīn H.Y. Sonafist, Yasni Efyanti, Ramlah, Ali Hamzah, Faizin DOI: 10.22373/sjhk.v4i2.7864 http://jurnal.arraniry.ac.id/index.php/samarah 505 implementation before and during the lifetime of Ibn AlMuqaffa which could be described as chaotic, with one of the reasons was because, at the time, the court had not possessed the statute that governed the legal activities other than the Islamic jurisprudence (fiqh) which was used by the judges in accepting, examining, and deciding on cases addressed to them. Therefore, every judge took a decision based on their own ijtihad (an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question). Ibn Al-Muqaffa adviced the Khalifa Abu Jakfar Al-Manshur to compile the correlated legal reasonings in Islamic jurisprudence in which to be implemented and to be applied as the binding legal force in the form of statutory law which was regulated nationally and to be used as guidance by all the judges without no exception. The codification of Islamic law in Indonesia has received a constitutional status based on philosophical, sociological, and juridical reasons. The researchers closely examine three types of Islamic legal laws i.e., Act number 7 of 1989, Act number 3 of 2006, and Act number 50 of 2009 concerning Religious Courts, Act number 41 of 2004 concerning Waqf (Endowment), and Act number 21 of 2008 concerning Sharia (Islamic) Banking. Taqnīn (the codification of Islamic law) must be adjusted to demands of the present time in which it is implemented and in accordance with the specific fields of law, for example, taqnīn for Civil Law, Criminal Law, Family Law, Judicial Law, State Administrative Procedure Law, State Administrative Law, And State Finances.

Abstract The research problems addressed in the article are the background story behind Ibn al-Muqaffa's proposal for taqnīn, the historical background of the creation of the Islamic law codification in Indonesia, and the synchronization of ibn al-Muqaffa's idea for taqnīn with the codification of Islamic law in Indonesia. The current study aims to unravel the view of Ibn Al-Muqaffa, an Islamic figure, about taqnīn. A biographical study was conducted by doing library research, especially on Ibn Al-Muqaffa's proposal for taqnīn. The data collection procedure was divided into three parts i.e., orientation, eksploration, focus-oriented research. Biographical research is a part of qualitative study that uses data analysis technique and literature study as the qualitative data analysis as well as content analysis through the historical and textual approach. The results of the study reveal the method of law

Introduction
The formation of Islamic law during the time of prophet Muhammad SAW (pbuh) was under the leadership of the prophet himself. The primary sources of Islamic Law were the Qurʾān (the direct and unaltered word of God) and the Sunna (Prophetic traditions and practices) which were considered to be sufficient at the time. The Islamic law then was not separated from the entire teachings of Islam, as it subsumed in the behaviour and practices of Rasulullah (prophet Muhammad).
In the reign of al-Khulafāʾu ar-Rāshidūn or Rashidun Caliphates , the legal authority still resided in the power of the Caliphs, as the successor of the Prophet who also held the role as the head of state and the religious leader. In overcoming various social problems, the Caliph's legal policy became the commands. Although the revelations from God had been Ibn Al-Muqaffa's Proposal for Taqnīn H.Y. Sonafist, Yasni Efyanti, Ramlah, Ali Hamzah, Faizin DOI: 10.22373/sjhk.v4i2.7864 http://jurnal.arraniry.ac.id/index.php/samarah 508 compiled in the form of Usmani Manuscripts, the codification of law had not yet been established. Al-Quran is a complete codification of religious teachings compared to the other Statute Books. 1 There had been a role shift during the time of the Umayyad Caliphate (41-132H/661-750 AD). The caliphs from Umayyad dynasty, with an exeption for Umar bin Abdul Aziz, were not ulama (Islamic scholars) who had the expertise in delivering ijtihād and possessed the comprehensive knowledge of the religion. The ulama had no political power and only dealt with the religious issues while the government affairs were managed by the Caliph. From this time on, there was a separation between the two powers. The rulers of Umayyad dynasty ran the state administration in Damascus while Islamic jurists centered in Madinah. Under these conditions, the scholars established the Islamic legal framework in their own regions. Regarding the legal validity for the law establishment, people need a ratification from the Caliph because the legal decision was a binding precedent. This circumstance happened because there were no religious jurists involved in the governance, for example the prominent Islamic scholars or Imams from the madhhabs (a school of thought within Islamic jurisprudence), because those Imams were not willing to be appointed as a royal judge. 2 When Ibn al-Muqaffa ran the office as a secretary for Governor Kirman in Irak, he thought that the implementation of law in the past and during his lifetime could be described as chaotic.
As a result, within the same jurisdiction or even for the similar cases, different legal decisions that contradicted to each other could be made, depending on the courts, the judges who handled the  H.Y. Sonafist, Yasni Efyanti, Ramlah, Ali Hamzah, Faizin DOI: 10.22373/sjhk.v4i2.7864 http://jurnal.arraniry.ac.id/index.php/samarah 509 cases, as well as the madhhabs they used as reference in reaching a verdict. For example, murdering and sexually harassing someone were considered to be lawful in the Hirah region. However, in Kufah, both acts were strictly prohibited, and the suspects could be severely punished. 3 When Ibn al-Muqaffa was still alive, his proposals which were documented in the book of Risâlah al-Sahâbah, did not get the attention of law enforcement officers at that time. The situation became worse with the tragic incidents that he suffered at the end of his life. He was accused of being an insurrectionist and was dishonorably discharged from his position (secretary of the governor), and later was given a death penalty. Ibn al-Muqaffa lived in the same period of time as Imam Malik did in Medina (93-179 H). However, the possibility of the two figures encountering each other can be barely found in the literature. It might be due to the long distance of their residences in which Imam Malik lived in Medina and Ibn al-Muqaffa was in Kirman, Irak. When Ibn al-Muqaffa passed away, Imam Malik was 43 years of age.
Using his position as a governor secretary, Ibn al-Muqaffa adviced Caliph Abu Ja'far al-Manshur to make a codification of law through the book of Risâlah al-Sahâbah between the year of 137-139 Hijri. In the meantime, Caliph al-Manshur requested Imam Malik to write the book of al-Muwaththa' which comprised the binding legal force in the year of 163 H-164 H. Therefore, it can be assumed that, by delivering the idea of taqnīn, Ibn al-Muqaffa had preceded Imam Malik who compiled the book on behalf of the request from Caliph al-Manshur. Another source states that Imam Malik himself took the initiative to write the book of al-Muwaththa '. 4 After the death of Ibn al-Muqaffa, some mujtahid (authoritative interpreters of the Islamic law) felt the necessity for considering Ibn al-Muqaffa's suggestions, especially those related to 3 Abd Allah ibn al-Muqaffa ', Risâlah Ibn al-Muqaffa' fi al-Sahâbah, Beirut: Dar al-Kutub al-'Ilmiyyah, 1989M/1409 http://jurnal.arraniry.ac.id/index.php/samarah 510 the codification of law. This matter was also concerned by the Caliph Abu Ja'far al-Mansur. Therefore, while he was conducting pilgrimage in the year of 163 H/760 AD, approximately fourteen years after the death of Ibn al-Muqaffa, Caliph Abu Ja'far al-Mansur came to see Imam Malik. The Caliph asked him to compile the book of Islamic Jurisprudence, constituting the law based on the primary sources by considering the principle of ease in implementing the law. At that time, the Caliph Abu Ja'far al-Mansur asked Imam Malik to choose a simple, neutral argument, which was agreed upon by his companions so that the book could be promulgated as a legal guidance in the entire Moslem state. The Caliph Abu Ja'far al-Mansur gave Imam Malik one year of time to finish the book. To fulfill the request, Imam Malik produced his best-known work, the book of al-Muwaththa'. When finished, the book was handed over to Muhammad ibn al-Mahdi, as the caliphate representative. However, the efforts of the Caliph to enforce the al-Muwaththa' book as a form of codification of law had not been successful. 5 Thus, it can be understood that Ibn al-Muqaffa's idea of taqnīn first appeared, which was then followed by the composition of al-Muwaththa'.
Ibn al-Muqaffa's proposal was eventually noticed in the year of 1293 H/1876 AD by the Ottoman Empire who had conducted the codification of law which was later known as Majallât al-Ahkâm al-'Adliyyah. It was the Civil Law of the Ottoman Empire which was adopted from Islamic provisions originating from the Hanafi's madhab (school of thought). 6 In this majallah, there were no more differences of arguments, so that the resulting legal product was uniform. The taqnīn activity extended to other Moslem countries, beginning with the states under the Ottoman Empire, and later expanding to all Moslem countries including Indonesia.
It obviously appeared that the Caliph who had sentenced Ibn al-Muqaffa to death still needed his ideas. It was Caliph Abu Ja'far al-Mansur who accused him of "having a conspiracy" with the rebelous militants, because of which Ibn al-Muqaffa was dismissed from his office and sentenced to death; and also, it was the Caliph 5 Abdul Aziz Dahlan (et. al http://jurnal.arraniry.ac.id/index.php/samarah 511 who asked Imam Malik 7 to put Ibn al-Muqaffa's ideas into practice. This proved that his ideas or thoughts were still respected, even though the initiator was not necessarily appreciated. Ibn al-Muqaffa was not known as an expertise in Islamic jurisprudence, because none of his ideas were in the form of legal stipulation. His idea, which was very crucial, was the proposal for taqnīn (codification of law) in order to guarantee legal certainty, an idea that continues to live and develop until today.
Abdul Ghani Abdullah stated that Islamic law in Indonesia has received constitutional legitimacy based on three reasons, namely philosophical, sociological and juridical reasons in the 1945 Constitution of Indonesian Republic, providing a capacity for the enforcement of Islamic law in a formal juridical manner. The significance of the research is to develop knowledge in the field of sharia, especially in the knowledge of Ibn al-Muqaffa's thought of taqnīn and its synchronization with the dynamics of codifying Islamic law in Indonesia. As for the researchers, it is to practice doing research and writing scientific paper. This study provides information and academic analysis as inputs for future researchers in further investigating the study. For readers, it is academically beneficial to understand Ibn al-Muqaffa's thought of taqnīn and its synchronization with the dynamics of the codification of Islamic law in Indonesia.

The Synchronization of Ibn al-Muqaffa's Proposal for Taqnīn with the Codification of Islamic Law in Indonesia
The existence of Islamic law in Indonesia will be explained in three periods, namely Islamic law in the Pre-Dutch Colonial Period. From the historical perspective, prior to the arrival of Islam in Indonesia, the country had recognized two forms of administrations of justice, namely the Pradata Court and the Padu Court. The Pradata Court took care of the legal matters which were categorized as the royal affairs, while the Padu Court managed the cases which were not under the direct authority of the king. 9 Pradata Court was based on Hindu law found in Papakem or the book of law, which also became the written law, while the Padu Court was based on the unwritten original Indonesian law (Customary Law). Thus, it emphasizes that the Religious Courts in their forms, which we recognize today, are an unbroken link from the history of the entry of Islam into this country.
Before the Dutch colony came to Indonesia, there had been large kingdoms on the land such as Samudera Pasai and Aceh Darussalam (Sumatra), Pajang, Demak, and Cirebon (Java), the Kingdom of Banjar and Kutai (Kalimantan). Religious institutions were formed to implement Islamic law in those kingdoms as well as in other Islamic kingdoms that were scattered in the archipelago. One of such institutions was the Religious Court which was tasked with judging and settling cases between Muslims. The judges in this institution were appointed and dismissed by the sultan in their respective kingdoms (sultanates). http://jurnal.arraniry.ac.id/index.php/samarah 513 during the Dutch colonial era in the archipelago began with the arrival of the Europeans who colonized the land at the beginning of the 17th century, especially since the success of the Dutch VOC (Vereenigde Oost-Indische Compagnie or Dutch East-India Company) who practically occupied Malacca until 1942 when the Dutch colonial government surrendered its colonies in Indonesia to the Japanese Empire. The full enforcement of Islamic law as material law for the administration of justice. When the Dutch came to colonize the land, they recognized that Islamic law had become a living law for the Indonesian people and it had been practiced for years, even becoming a "customary tradition". The Dutch colonial government even facilitated the codification of Islamic law which would later be used as a guidance by judges (Landraad) in exercising their judicial power over Moslems in the archipelago. Among those Acts were: The enforcement of Islamic law after the Customary Law was perceived in the judiciary. Entering the 19th century, the Dutch Colonial Government started to encounter numerous resistances from the Indonesian people pioneered by several Islamic scholars and figures, following the fall of their kings who were conquered by the Dutch. Islamic law as one of the bases of religious plurality awareness was to be removed from the life of the Indonesian Moslem force, to complement the creation of PETA (an Indonesian volunteer army founded by the occupying Japanese Empire), 6. Attempting to fulfill the request of Islamic leaders to restore the legal authority of the Religious Courts by asking an expert in the Customary Law (Soepomo) in January 1944 to submit a report on this matter. However, this attempt was "emphatically rejected" by Soepomo on the grounds of its complexity and postponed it until Indonesia's independence. Islamic Law in the post-independence period. After Indonesia declared its independence, the government began to think about making efforts to restore the status of Islamic law for this nation. In October 1957, the Government issued the Government Regulation No. 45 year 1957 which regulates the formation of the Religious Courts outside Java, Madura and South Kalimantan. The release of the Government Regulation No. 45 year 1957 means the victory for Moslems in making such endeavour to legislate Islamic law in this country. In addition, the theory of receptie issued by the government of Dutch East Indies met strong resistance from Indonesian Islamic law scholars. Masrani Basran, at the Muhammadiyah congress in Solo on December 9th, 1985, stated that there were several things behind the codification of Islamic law, among of which are as follows: 1. The unclear perceptions of shari'ah and fiqh. It could also be said to be a "perception of chaos" regarding the meaning and scope of the meaning of Islamic shari'ah, Islamic syari'ah was Indonesia is a constitutional state (rechtsstaat), not the state of power (machtsstaat). 10 Pancasila must be appointed as the foundation and source of law, and in this manner, the constitutional state of Indonesia can also be called the constitutional state of Pancasila. One of the main points in the constitutional state of Pancasila is the guarantee of freedom of religion for all its citizens. 11 This is in line with what is stated in the 1945 Constitution of the Republic of Indonesia that the state has guaranteed the freedom for its citizens to embrace and practice their respective religions. 12 Indonesia is also popular as the largest Moslem country in the world, but what makes it unique is that Indonesia is not an Islamic country. 13 The Indonesian Muslim community already have a strong basis for enforcing the provisions of Islamic Civil Law in their society. The status of Islamic law in the civil sector has been widely interwoven in Positive Law, either it is an element that affects, or it is as a modification of religious norms formulated in statutory regulations or that are included in the substantial scope of the Law on Religious Courts. 14 Relative competence means the the jurisdiction of the court within the same level and category, in contrast to other courts of the Ibn Al-Muqaffa's Proposal for Taqnīn H.Y. Sonafist, Yasni Efyanti, Ramlah, Ali Hamzah, Faizin DOI: 10.22373/sjhk.v4i2.7864 http://jurnal.arraniry.ac.id/index.php/samarah 517 same type and level. 15 Relative Competence can be defined as the authority of the court to adjudicate cases within the domain of its jurisdiction. 16 Each judicial body has the authority to rule cases under its jurisdiction, article 4 of Act Number 7 of 1989. The importance of this relative competence is to find out the Religious Courts in which a person will file the case and its relationship with the defendant's right to object (exception right).
The absolute competence or absolute authority means the power of the court's authority to rule based on the legal material (Material Law). 17 Another reference states that it is the power or authority of the court in examining certain types of cases which absolutely cannot be examined by other courts, either within the same court or within another.  (3) Internal supervision by the Supreme Court and external supervision by the Judicial Commission (4) A decision can be used as a basis for transfer (5) The appointment of the judges is carried out by the Supreme Court and the Judicial Commission. (6) Dismissal of judges, in conformity with the proposal of the Supreme Court and/or Judicial Commission, is delivered via the decree of Minister of Religious Affairs. (7) The remuneration for the judges as a state official (8) The retirement age of the judges is 65 years old at the Religious Court and 67 years old at the Religious High Court. As for the registrar, 60 years old at the Religious Courts and 62 years old at the Religious High Courts. (9) The provision of legal aids at every Religious Court (10) Guarantee of public access to court information, and (11) A warning of a dishonorable discharge for the judges collecting illegal fees.

An analysis of Act no. 41 of 2004 concerning Waqf
The Waqf (

Conclusion
This article has attempted to illustrate the historical background of Ibn al-Muqaffa's proposal for taqnīn. During his lifetime, the existing courts did not yet have a Statute Book that can be used as a guidance for the judges in receiving, examining, and deciding on cases submitted to them, so that each judge adjucated on the cases submitted to them based on their own ijtihad (independent legal reasonings made by a scholar of Islamic law). As a consequence, within the same jurisdiction or even for the similar cases, different legal decisions that contradicted to each other could be made, depending on the courts, the judges who conducted the court, as well as the madhhabs they used as reference in reaching a verdict. To resolve the issue, Ibn al-Muqaffa adviced the caliph Abu Jakfar al-Manshur, to compile the Islamic doctrines to be implemented at that time and passed it as a binding law in the form of qânûn (official laws enacted by a moslem sovereign) that would be enforced in the entire state, ensuring that judges' decisions were uniform.
The taqnīn proposed by ibn al-Muqaffa is closely related to the implementation of Islamic law in Indonesia. In the current context, taqnīn is considered as a formalization of Islamic law, or known as the syara' rules (a set of rules derived from god's commands) that is codified by the government with a binding force and it is meant to be universal. The implementation of taqnīn nowadays is a compelling demand, because not everyone has the capability to read and understand the Book of Fiqh written in various madhzab (schools of thought), especially those who do not speak Arabic. The taqnīn of Islamic law must be adjusted to demands of