Natural Law Theory and Islamic Law in terms of Philosophy of Law

As both natural law theory and Islamic law have a metaphysical base, it seems that they have a common literature. We think that, in the theoretical and practical sense, what kinds of resemblances and distinctions do these conceptual similarities between the two should be inquired. In this study, the purpose is not to justify the basic principles of Islamic law by natural law theory but to make an objective comparison. Methodologically, in this study, the comparison is made concerning principles of natural law theory, not to principles of Islamic law. The Natural Law Theory, which is compared here with Islamic Law, is not a theory which appeared in some historical periods and then disappeared into the depths of history. On the contrary, the belief about this theory has come up until our contemporary era with different attitudes. As a consequence, it must be acknowledged that it has a dynamical side. When came to the 20th century, there was an increasing interest in ethics, and as a result of this, impersonal values and ethics systems were given much importance that these two important factors were the reasons why the Natural Law Theory remained its significance. The idea of natural law and the doctrine of natural law are slightly different. According to defenders of natural law theory, while the doctrine of nature law is changing, as the idea of natural law is “essential” and “essence, it does not change. Because of this reason, any criticism of the doctrine of natural law does not mean refusal of the idea of natural law.

Keywords

Natural law, Islamic law, Philosophy of law, Morality, Value.