EKSISTENSI ‘URF SEBAGAI SUMBER PELEMBAGAAN HUKUM NASIONAL

Abstract

The Existence of ‘Urf as Resource of National Law Institution. The Academic proposition of this study
aims at describing how the existence of ‘urf (living law) that shares the contributions in the national law, and
that incorporates norms of Islamic law which are essential part of the resource development of national laws.
Theoretical framework that has been highlighted is the theory of ‘urf sahih and‘urf fasid, whereas the method of
this study is the study of literature related to this theme. The result of the study seemed up as the existence of
legal norms that live in the community should be an essential part of national development. The development
of national law should not be out of the sign of legal principle theory of living law because it proved that it is
capable of delivering Indonesia into the front gate of Independence and formulating universal values in the life
of the nation. Hence, norms of Islamic law with the law of development theory should take into consideration
the living law as it has contributed to the inclusive development and dynamic law. Process of integrating the
values of Islamic law in the national legal system will containinly work well as such effect has already produced
by a number of laws and regulations that contains nuances of Islamic law