Analysing The Concept of "Law Gap" From The Perspective of Islamic Law

The law decrees the relations between people and reflects their values. Law provides an environment of peace for people living in a state of society to maintain their existence and brings vitality and order to society. Law is an order that aims to realize justice. The role of the judge is to help the law achieve its purpose in society. The law is essential for society because it serves as a norm of behavior for people. Society is an organism that lives the law; it exists with a constantly changing factual and social reality and is based on this reality. Sometimes there may be gaps in the laws. There are many reasons for this, but the most important factor is social change. Sometimes society plays an active role in changing the law, and sometimes the law causes social change by directly impacting society. For the rules of law to survive and meet the needs of the people who make up society, they must keep pace with changing conditions. In other words, legal rules should adapt to changes in social values and new formations. Otherwise, the emergence of legal gaps will be inevitable. Similarly, law gaps may arise due to the legislator's error, carelessness, sloppiness, or delay. The concept of the legal gap is a concept frequently expressed in positive law. Because while laws play an influential role in a certain period and direct social life, they may lose their effectiveness after a while. The most important reason is that positive law is based on written legal techniques (code civil) such as legislation, decrees, and by-laws. Jurists usually aim to cover all future events with their laws. However, they seldom fully achieve this goal. Islamic law, on the other hand, is mainly based on jurisprudence. Since Islamic law is essentially based on revelation and the structure of ijtihad law (case law), unconscious legal gaps are rarely seen. However, it is still possible to talk about conscious legal gaps in cases where ijtihad has not been carried out or has not yet been realized. This study, which introduces the legal gap in Islamic legal thought, examines whether there is a legal gap in Islamic law, and if so, what kind of legal gap it is, by comparing it with the legal gap in positive law