KEMODERNAN PENEGAKAN HUKUM ERA PERTAMA ISLAM DITINJAU DARI BUDAYA HUKUM

Abstract

One of the obstacles to enforcing Islamic law in Indonesia in particular, there are still many people who view Islamic shari'a as a law that does not meet the elements of justice, not in accordance with this era (not modern). But a close look at Islamic law in particular and Islamic teachings in general do not correspond to what the general public imagines. The Medina Charter is one of the concrete and concrete evidences, how the Prophet had built a civilization that was very advanced beyond the thinking of the people at that time, where Piagama Medina as a prototype of the constitution that exists in modern times today. On the other hand, Prophet Muhammad and his companions had a very good legal culture so that they upheld the awareness of obeying the law and law enforcement. A good legal culture cannot be separated from the role of leaders who always instill religious values accompanied directly by providing good examples to their communities.The Medina Charter and the good legal culture of the Muslim community can already reflect that the Islamic legal system is a modern system and will always be modern.