Developing Islamic Legal Philosophy-Based Assurance of Justice

Abstract

Justice is the essence of law enforcement. Justice is importan in the legal system at various countries, The absensce of justice was problem because if legal system lack of justice there would be made public believe ruined and legal system would collapse. In the Islamic legal thought, justice was the essence. However, it cannot be denied that the development of Islamic legal thought cannot be separated from the conception of justice. Justice in the explanation is included in the category of substantive law. Justice is defined from a theological point of view, God's relationship with humans is vertical. Allah as the Most Just and Most Right knows the truth and ultimate justice. Humans must always find justice and truth given by God through the process of ijtihad. The principle of justice requires the use of ratios to make comparisons between one case that is not explained by the Word of God or the words of the Prophet with another case that has legal legitimacy. In that way, Islamic law develops and reaches a wider range of legal cases based on the principle of equality.