Finnis's Theory Of Sharia Law

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Law has a wide range of definitions. It is not restricted by the law set by an official party. Law is implemented everywhere even in our homes between our families. Law has been defined as “a rule of human conduct, imposed upon and enforced among the members of a given state” (Yadugiri and Bhasker 2005). Law is related to the existence of a society, and the existence of a man within that society is what enforces the law (Mansour 2010). According to that, law is playing a significant part in the society, and it has two roles: the facilitative role and the expressive role. The facilitative role is an essential role that shapes the social behavior. For example, people may change their economical behaviors and aim to be frugal if the state applied …show more content…
Sharia is a name of rules that organize people's affairs. It is a revealed divine system by Allah to his prophet. Sharia exceeds the scope of moral and worship rules and adjust rules of law that control different transactions. As Finnis’s theory, Sharia’s objective is to concern what is best for human being and apply justice among people. Though, Sharia have covered different aspects of rules including: Beliefs rules, Moral rules, and Practical rules. Moral rules refer to virtues, such as honesty and justice. Practical rules are those rules that refers to a person’s actions and his worship and other procedures exist in his life. However, the Sharia believes that Beliefs rules are the basic rules to enforce the other rules. Beliefs rules are worship, such as believing in Allah, Angels, Doomsday and Holy books. Believing in these affairs means that a person will seek for life and knowledge, which are some of finnis’s basic goods. On the other hand, for Sharia, a person must believe in Allah in order to follow his rules, which is in contrast with finnis’s theory. Nevertheless, Sharia and Natural law theory agreed on one of the nine requirements, which is one must recognize that others also are seeking for the basic goods, as the prophet Mohammed PBUH says: love for your brother what you love for yourself. (Shahat

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