Jurisprudential Principles and Their Impact on the Formulation of Civil Laws
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Abstract
This study examines the impact of major jurisprudential principles on the formulation of civil legislation, focusing on the principles of "No Harm, No Recompense for Harm" and "Hardship Brings Ease." It highlights how modern civil laws are inspired by these principles to ensure social justice and maintain a balance between rights and obligations. The research takes Libyan civil legislation as a case study, analyzing the influence of these principles in areas such as civil liability, contracts, and compensations. The study explores how these principles contribute to providing flexible legal solutions that align with contemporary challenges and aid in the development of legislation in a way that serves the public interest while preserving the objectives of Islamic law. It also discusses the importance of integrating Islamic jurisprudence with civil law to formulate legislation that accommodates legal and social developments while ensuring the continuity of justice and fairnessThe study concludes that jurisprudential principles offer legislative flexibility that helps adapt to legal and social changes, making them an effective tool for developing civil laws and ensuring their alignment with Islamic values and modern legal requirements. The study recommends enhancing the study of jurisprudential principles in legal fields and promoting collaboration between jurists and legal experts to enrich civil legislation with concepts derived from Islamic jurisprudence, thereby strengthening justice and ensuring the stability of legal transactions.