STRUGGLE FOR LAW PRINCIPLES IN LAW DEVELOPMENT

Authors

  • Achmad Irwan Hamzani1, Dwijoyo Hartoyo , Nuridin , Nur Khasanah , Havis Aravik, Nur Rohim Yunus

Abstract

The principles of Islamic law have contributed to the development of modern law science. This is
reasonable because Islamic law has already experienced development. This study aims to explore the
contribution of law principles to the development of modern law science. This research uses a normative
approach. The results of this study indicate that the principle of law is the basis of the law system and
fundamental values that are intrinsic. There are two functions of the principle of law: the consistency function,
namely how consistency can be guaranteed in the legal system, and the function of dispute resolution facilities.
The function of the principle of law directs that law can be interpreted and lived in its true meaning so as to
produce justice and satisfaction of legal actors. The principles of law developed in modern law today are the
result of contributions from the development of Islamic law. Fundamental principles such as justice, the
principle of legality, the principle of presumption of innocence, and the principle of equality are benchmarks in
Islamic law

Published

2020-06-30

Issue

Section

Articles