社会发展中的法律概念 5.0 当代法理学的视角

Afidah Wahyuni, Harisah Harisah
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引用次数: 0

摘要

社会 5.0 时代的进步带来了挑战,这就要求各层次的法律也要跟上时代的发展,包括伊斯兰教法也必须能够适用。因此,根据 "Urf "适用法律的情况并不少见。作为行为法律依据的 "Urf "必须在行为发生时已经存在。没有与 "urf "相矛盾的肯定(nas)。使用 "urf "不会导致某些文本被排除在伊斯兰教法之外,因为 "Syara "文本必须优先于 "urf"。如果 "Syara 文本 "可以与 "urf "相结合,那么 "urf "仍然可以使用:首先,在 5.0 社会中,为了跟上时代进步的步伐,紧迫性概念急需被用作法律渊源。然而,"Urf "可以说是一种言行,涉及一种经常做的习惯。在社会 5.0 时代,每项活动都很容易进行,因此必须对 "乌尔夫 "进行分析,使其始终符合时代的要求,并以伊斯兰教法为基础。伊斯兰教法》被视为法律渊源之一,其中有许多内容来自适用法律,然后以法律条文的形式发布。将 "乌尔夫 "作为伊斯兰法律渊源的条件是:"乌尔夫 "必须持续适用或大部分适用;被用作某项行为的法律渊源的 "乌尔夫 "在该行为实施时必须存在;没有与 "乌尔夫 "相矛盾的肯定(纳斯);"乌尔夫 "的使用不会导致伊斯兰教法排除某些段落。其次,"乌尔夫 "法学认为,"乌尔夫 "不会与文本相冲突,从而导致文本中的法律无法适用。这样的'乌尔夫'不能用作伊斯兰教法的论据",因为只有在没有包含有关问题的法律的文本时,才能接受'乌尔夫'的侮辱。第三,"urf "被用作具有 "maslahah "考虑因素的法律来源。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Konsep Al-urf dalam Perkembangan Society 5.0 Perspektif Fikih Kontemporer
The challenge in the progress of the times that has been in society 5.0, it is required that all layers of law also develop to keep up with these developments, including sharia law that must still be able to be applied. Thus it is not uncommon for the law to apply based on 'Urf. 'Urf which is used as a source of law for an action must exist at the time the action was carried out. There is no affirmation (nas) that contradicts 'urf. The use of 'urf will not result in the exclusion of certain texts from the Shari'at, because the texts of Syara' must take precedence over 'urf. If the Syara text' can be combined with 'urf, then the 'urf can still be used The results of the study show that: First, in society 5.0 to keep pace with the progress of the times, the concept of urgency is urgent to be used as a source of law. However, 'Urf can be said as a word and deed that involves a habit that is often done. In the era of society 5.0, every activity is easily carried out so that the urf urf must be analyzed to always be in accordance with the demands of the times and remain based on sharia. 'Urf is considered as one of the sources of law, where many elements are taken from applicable laws, then issued in the form of articles in the law. The conditions for 'urf as a source of Islamic law are, 'urf must apply continuously or mostly apply, 'urf which is used as a source of law for an action must exist at the time the action was carried out, there is no affirmation (nas) that contradicts 'urf, usage' urf will not result in the exclusion of definite passages from the Shari'at. Second, 'Urf in the view of Urf jurisprudence does not conflict with the texts so that the law contained in the texts cannot be applied. 'Urf like this cannot be used as a sharia argument', because the insult of 'urf can only be accepted if there is no text containing the law of the problem at hand. Third, urf is used as a source of law with maslahah considerations.
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