SHARIA ECONOMY IN INDONESIA FROM CONSTITUTIONAL PERSPECTIVE
Journal: International Journal of Civil Engineering and Technology (IJCIET) (Vol.8, No. 11)Publication Date: 2017-11-26
Authors : ZAINAL ARIFIN HOESEIN;
Page : 1070-1085
Keywords : ZAINAL ARIFIN HOESEIN;
Abstract
Law is the accumulation of rational ideas in response to community development that was born based on the idea of universality and morality. The idea of universality provides a justification for the enactment of basic human freedoms and recognition of basic human rights in the life of the country. Similarly, the idea of morality is that moral principles are general and can be analyzed by human reasoning. The second idea is the essence of it is used as a basic idea about the nature of the formulation of law and justice as a legal foundation. The functional purpose is looking at the law more focused on the facts of a field, social, cultural, political, and religion as factors that need to be considered in seeking legal solutions. The law in the functional flow is in line with the social dynamics, economics, culture and politics so that the value inherent in the law that developed in the community concerned. Both streams are still evolving and are applied in various countries around the world. With regard to the transformation of Islamic law in national legal systems, it cannot be separated from these two streams of law that is through a systems approach and the approach to legislation
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