PARADIGMA PROFETIK: Antara Konsep Moralitas Piagam Madinah dan Konsep Moralitas Hukum H.L.A. Hart

Abstract

T he paradigm of positivism that ingrained in the realm of constitutional law is a neat study to continuously analyzed. This study deliberately banging between legal positivism paradigm throw away the moral paradigm wake prophetic author of the concept of Medina Charter that occurred in the time of Prophet Muhammad. As a critical step, the authors raised the idea or concept of morality laws brought H.L.A Hart is not too extreme in separating the moral law. By doing nothing on the formulation of the assumptions and synergistic to the concept of morality in the realm of legal positivism. So in conclusion the author expects that the concept of morality in the law could be considered as a basic moral rules, as embedded in the paradigm prophetic writer formulated from highly explores Medina Charter moral as the main reference.