PERJALANAN SEJARAH HUKUM ISLAM: DINAMIKA PERUBAHAN SOSIAL-BUDAYA KEHIDUPAN MASYARAKAT

Abstract

Abstract

This article examines the historical problems of Islamic law in the socio-cultural dynamics of Arab society, which are formulated in detail into problem points, the legal system of the Pre-Islamic Jahiliyyah Arab society, the Islamic Legal System offered, and the dynamics of Islamic law in the socio-culture of Arab society. This type of research is library research using a historical approach and cultural transformation. This research concludes that first, the legal system of pre-Islamic Arab society had a racial, feudal, and patriarchal character. Second, the Islamic legal system offered is revolutionary and egalitarian, so Islamic legal rules are legal rules that have an egalitarian character, are not racial, are not feudal, and are not patriarchal. Third, Islam teaches equality which is reflected in its principles and laws as well as the behavior of the Prophet Muhammad SAW. and his followers who want an egalitarian life. Quraish's opposition to Islam which is closely related to religious and social aspects is a counter to the egalitarian Islamic legal system, and as an implication, understanding of Islamic law must be followed by awareness that Islamic law has an egalitarian character and this is a social change from the inegalitarian laws of Jahiliyyah.

Keywords:            Islamic Law, Jahiliyyah Arab Society, and the Legal System

Pre-Islamic