The Concept of Law, Justice and Morality in Islamic and Western Jurisprudence

13 Pages Posted: 16 Jun 2022

Date Written: June 7, 2022

Abstract

This is Paper try to address the basic difference between Islamic and Western Jurisprudence, when it comes to the juristic approach regarding law, morality, and justice. For instance, one the most difficult problems of jurisprudence has been and perhaps still is to determine the exact meaning of “jurisprudence” as well as to determine its province and scope. When it comes to determine the scope and concept of Law in jurisprudential parlance we have two tools one is Islamic (Fiqh) and another one is western or English jurisprudence. Jurists of Islam prefer to use expression or phrase al-Sharia al-Islamiyah (Islamic Law) instead of al-Fiqh al-Islamiyah (Islamic Fiqh). Sharia is defined by Jamhur (Majority) as the commands given by Allah to his servants through our Prophet Muhammad PBUH. Therefore it is right to assume that concept of Law in Islam is the commands from Allah, which means that some concrete legislation given already and some can be drawn through general and exception principles and maxims of Islam which can be found easily in Nobel Quran and Sunnah. but in western jurisprudence it is evolved by the stage and in stagnant way, however i tried to blend these to approach to the best of my ability.

Keywords: Morality, Law, Justice, islamic Jurisprudence, Western Jurisprudence

Suggested Citation

Shah, Taimoor Ali, The Concept of Law, Justice and Morality in Islamic and Western Jurisprudence (June 7, 2022). Available at SSRN: https://ssrn.com/abstract=4130279 or http://dx.doi.org/10.2139/ssrn.4130279

Taimoor Ali Shah (Contact Author)

University of Sindh ( email )

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