One of issue which often emerge in local goverment in indonesia is  Peraturan Daerah syari'ah, that is local regulation based on islamic law. Result of this research conclude that the Peraturan Daerah syari'ah is transformation of syaria as islamic law into local regulation as  positive law. in side of  legislation, it  can be assesed by using the principles of formulation of legislation and principles of material contens of legislation. To asses from perspective of human rights can be used three categories,  that is: arranging worship, having the character of privat law,  and having the character of publik law.Based on  two assesment instrument, Regulation Arranging worship and having character of private law should be assigned by central government through The Ministery of Religion Affairs, but syaria doctrin having character of publik law can be poured into local regulation as material resources of law.  Academically, the existence of Peraturan Daerah syari’ah is motivated by Islamic doctrin on  the state in interpretation of Ibnu Khaldun  and Ibnu Taymia.  This doctrin is related to the teaching  of Imam Malik that  enable to release  the regulation such as  Peraturan Daerah Syari'Ah, although  not in the Islamic state. Practically, the Peraturan Daerah syariah is driven by political appointment while political campaign for local election. So far Peraturan Daerah Syari’ah  is more as moral appeal rather than legals norm.