The Concept of Natural Law 1 - Jurisprudence

THE CONCEPT OF NATURAL
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Introduction
Essential Discussion Surrounding Natural Law
Theories
The Growth of the Concept of Natural Law
Theories of Ancient Greeks and Romans
Theories of Grotius, St Augustin and St Thomas
Aquinas
Comparison Between the Theories of St Thomas
Aquinas and Islamic Theories
Conclusion
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Introduction:
• Natural law is a law which is founded on nature. In other words,
natural law is that law which is in accordance with nature. To
some, it is body of jurisprudential doctrine based on the
acceptance of absolute value judgments said to be in accordance
with ‘nature’ and ‘reason’ reflecting the essence of the
‘Universe’, and possessing an immutable and eternally valid
character.
• See Morrison’s description of natural law which seems to capture
the general essence of natural law: “The central point of natural
law is that of an essential moral requirements in the concept of
law and legality. It is not merely that good law is moral, but
morality is conceptually part of law”. This description is a loose
one but it gives us the connection between law and morality.
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Introduction: (Continuation)
• Cicero in his work ‘De Re Publica’ viewed natural law as:
“True law is right reason in agreement with nature; it is of
universal application, unchanging and everlasting...It is a sin
to try to alter this law, nor it is allowable to attempt to repeal
any part of it, and it is impossible to abolish it
entirely...[God] is the author of this law, its promulgator,
and its enforcing judge”.
• From the above statement echoed by Cicero, one may
conclude that natural law stresses on: universality &
immutability; its standing as ‘higher law’, and its
discoverability by reason (it is in this sense ‘natural’).
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Introduction: (Continuation)
• It must be pointed out that irrespective of what is said about
natural law, the most difficult thing or part of this discussion is on
the issue or question of nature itself. What is nature? Does it mean
physical nature or biological nature or human nature or psycho-
physical nature? Thinkers throughout the ages have interpreted
nature in various ways and reached different conclusions.
• Still on the issue of nature above, J.S. Mill gives his views on
‘nature’. He says that ‘nature’ is given two meanings by several
thinkers. First, that what exists is nature i.e. all that man observes
in this universe can be called as nature. The other meaning of
nature is in the sense of how man ought to behave. Thus, man
tries to conform behaviour as to what he ought to do with what he
observes in nature. This line of reasoning is what has led to the
‘is’ & ‘ought’ propositions while faced with the question of what
is law, content of law and many more.
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Essential Discussion Surrounding Natural Law Theories:

• The issue is whether morality is a necessary part of legal
validity. In other words, is it right to say that at the heart of
natural law it asserts that rules, which contravene certain
‘natural’ criteria lose their pedigree to be called ‘law’ even if
they satisfy all the formal characteristics of law making.
(This seems to concur with Lon Fuller’s view of ‘inner
morality of law’.
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The Growth of the Concept of Natural Law:
• The growth or development of natural law cannot be understood without
making reference to different periods in history i.e. The Greek period,
Roman period, Christian fathers period, medieval period etc. Hence, for
the sake of better understanding some of these periods would be referred
to.
(a) Greek Period
i. The Sophists- They drew attention to the differences between “nature”
and “the law”. Nature was primary, basic and permanent. Law was
secondary, not original and not permanent. Nature reflected that which
was wise. Law showed expediency. All men were born equal in the
state of nature. Law created inequality among men. Thus, they
considered law as purely utilitarian and the result of the suitability of
the conditions. The reason for the promulgation of law was self interest
of the law maker. The reason for which the law was obeyed was the
self interest of the governed.
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The Growth of the Concept of Natural Law: (Continuation)
(a) Greek Period
ii. Socrates- He states that like physical law there is natural law.
He put forth an absolute philosophy. He pleaded that principles
of morality should not change. According to him, in order that
law may become the embodiment of correct reasoning, one had
to use reason and apply “insight” into the nature of conduct. In
other words, man possesses insight and this insight reveals to
him the goodness and badness of things and makes him know
the absolute and eternal law.
• He regarded law as closely associated with justice and ethics,
and natural law as requiring compliance to positive law and
authority. Thus, positive law is to be obeyed in all
circumstances. In fact Socrates was prosecuted for subverting
the youth of his time.
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(a) Greek Period
iii. Aristotle- He said man is part of nature in two ways (i) He is part of the
creatures of God; (ii) He possesses active reason. Thus, natural law has the
same force everywhere and does not exist by people’s contemplation. It is
universal. According to him, universal law is the law of nature. So there is
all the emphasis on universality. For example, natural justice is universal in
its contents i.e. there is a precept that I must return that which has been lent
to me. On the other hand, legal justice it keeps changing according to the
circumstances i.e. the law on rape etc.
• Aristotle was of the opinion that positive law ought to try to incorporate the
rules of natural law. Positive law should be obeyed even if contrary to
natural law. However, he stated that the ultimate aim of man should be the
attainment of a “State of goodness”. Hence, a just law is that which allows
individuals to develop their potentials within the framework of the society.
Such law is possible only when men exercises reason. Moreover this type of
law is perfect, unchangeable and applicable to all mankind.
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(b) Roman Period
i. The Stoics- In Rome it was the Stoics who built up a philosophical
system based on nature. On natural law their observations were that
the entire universe was governed by “reason” and man’s reason
was a part of the universal reason. When man lived according to
reason, he lived naturally. Thus, positive law must conform to the
natural law.
• The Stoic school argued that it was “reason” in man which led him
to draw a distinction between right and wrong. The law as such was
the result of one’s concept of right and rectitude.
• From this school thought, it would appear right to suggest that
natural law was the law of reason, and so long a man lived
according to his reason, he was said to be in conformity with
natural law.
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(b) Roman Period
ii. Cicero- He claimed in his ‘De Re Publica’ that: “True law is right
reason in agreement with nature...” Three features of natural law
emphasised by him are: (i) Its immutability & universality. (ii) Its
standing as a “higher” law. (iii) Its discovery with the help of reason.
• He distinguished between Jus Naturale and Jus Gentium. Just Naturale
is that law which nature had taught all living things. It was considered
as a perfect type to which the law must try to conform. On the other
hand, Jus Gentium is that law which had universal application.
• According to Cicero, natural principles like justice and morality are
discoverable by reason and above all human laws cannot override these
principles i.e. they are supreme. Thus, natural law could ‘strike down’
positive laws which contravene natural law (like a Legislature making
lawful theft or forgery of wills or adultery lawful)
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(b) Medieval Period
i. St Thomas Aquinas (1224/25-1275)- In his ‘Summa Theologica’, which is
considered as the leading exposition of natural law and viewed as containing
the most comprehensive statement of Christian doctrine on the subject argued
that man has certain inclinations such as self-preservation, inclination to
procreate and inclination that is peculiar to human is that to know the truth
about God.
• He proceeded to classify law into four categories: (i) Eternal law (Lex
Aeterna)- the whole body of God’s law; or divine reason-known only to God.
God’s plan for the Universe. Man needs this law without which he would lack
direction. (ii) Divine law (Les Divina) –God’s revelation to man through Christ
and the scriptures (God’s positive law for mankind. (iii) Natural law (Lex
Naturalis)- Participation of the eternal law in rational creatures. Laws
discoverable by man’s reason. (iv) Human law (Lex Humana)- Supported by
reason (laws laid down by man). Enacted for common good. Necessary
because lex naturalis cannot solve many day-to-day problems. Also, people
are selfish; compulsion is required to force them to act reasonably.
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(b) Medieval Period
i. St Thomas Aquinas-
• He was of the view that law which fails to conform to natural
law or divine law is not law at all. He referred to it as
‘corruption’ of law. Hence, unjust laws do not oblige in
conscience. This is normally expressed in the maximum ‘lex
iniusta non est lex’ (unjust law is not law). However, Aquinas
said that a law should be ‘obeyed’ when to break it would lead
to scandal or civic obedience.
• What would Aquinas said (a) to civil disobedience campaign of
Mahatma Gandhi in India in the 1920s and 1930s. (b) of Martin
Luther King Jr. in the United States in the 1950s and 1960s.
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(c) Christian fathers
i. Augustine (384-430)- He held the view that the perfect type of law
was “law of nature” and man lived in “golden age”, in a state of
innocence and justice. But this “absolute law of nature” could not
continue for long. Consequently, with the “fall of man”, there emerged,
on the scene, human laws, institutions of property and government.
Though these institutions were sinful, still their operations could be
justified.
• According to Augustine, since the concern of the State was to maintain
peace among mankind, it became necessary to defend the Church and
uphold the validity of the laws made by man.
• He pointed out that the provisions of human law were to be ignored if
it came in conflict with eternal, natural law. At the same time, if human
law were not just, it could not be the “law”. (Compare Hart-Fuller
debate over 1500 years later)
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(d) Sixteenth to eighteenth centuries
i. Bodin (1530-1597)- He upheld the importance of state sovereignty, which was
absolute and perpetual. It was limited by God or Divine law, and nature or
natural law. The sovereign passed laws for the public and could not change the
“law’ if reduced the rights of his subjects. (Compare with laws restricting
fundamental liberty in the interest of national security or public order etc)
ii. Grotius (1583-1645)- He made three contributions and in the area of natural
law he said that, it was considered immutable and intelligible. It was “a dictate
of right reason which points out that an act is or is not in conformity with
rational nature, has in it a quality of moral baseness or immoral necessity
• According to him, natural law is based on the nature of man, or the instinct of
gregariousness which compels a man to live in society. For this reason it is said,
“Human nature is the grandfather, Natural law the parent and positive law the
child.
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iii. Thomas Hobbes (1588-1679)- He believed that in a state of nature, a
man’s life was full of fear and selfishness. Hence, his saying that a
man’s life was “solitary, poor, nasty, brutish and short”. Thus, he would
surrender his rights to a political sovereign and claims equal treatment.
(See the social contract theory).
• He believed that there was no society distinct from the state. Every
authority, social or legal, was vested in the sovereign. The laws were
commanded and enforced by the sovereign, who was strictly utilitarian
and secular. The church was subordinate to the state like any other
corporation.
• For him, natural law was “the dictate of right reason conversant about
those things which are either to be done or omitted for the constant
preservation of life.
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iv. John Locke (1632-1704)- He believed in the beginning, man lived
in a state of nature, which was a “state of liberty, not of licence. He
disagreed with Hobbes and said that state of nature was not that of
misery and anarchy, but a “golden age”. However, this “golden age”
had one problem, and that was of the property being not secure. To
remove this defect, people entered into “social contract”, and made
two pacts with the authority chosen by them.
• The purpose of the government was to protect individual’s right to
life, liberty and estate. Thus, if the government is authoritarian or not
just, the people can “resist tyranny” and replace the government.
Locke said revolution is not an ‘act of revenge’ but ‘act of
restoration of a political order’
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iv. John Locke (1632-1704)-
• The earth is owned by God and hence there can be no right to
property. But if an individual mixes his labour with material
objects, he can acquire the right to the thing for his contribution.
Locke emphasized that it was God not the sovereign who has
given men a title to the ‘fruits of their labour’ (and therefore the
sovereign could not take away what is given to men by God). (See
Art 13(1) & (2) of the Federal Constitution on right to property).
• Comment: When Locke wrote in late 17th century the Industrial
Revolution and capitalism in England and elsewhere has not
started as yet and the ‘exploitation of labour’ including child
labour was not practiced in full as yet.
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The Growth of the Concept of Natural Law:
(Continuation)
• It is important to note that especially the nineteenth century
saw a decline in the growth of natural law due to several
factors i.e. Some of the postulates of natural law came to be
challenged by the jurists of the positivist school. However, it
is equally important to note that to a certain extent the
twentieth century saw a revival of natural law e.g. The
impact of the Nuremberg trials, the post-war recognition of
human rights and their expressions in declarations such as
the Charter of the UN, the Universal Declaration of Human
Rights, ECHR etc.
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Theories of Ancient Greeks and Romans:
(a) Greeks (ancient theories)
• What did they think of natural law?
i. Socrates (470-399 B.C)
• He states that like physical law there is natural law. He put forth an
absolute philosophy. He pleaded that principles of morality should not
change. According to him, in order that law may become the
embodiment of correct reasoning, one had to use reason and apply
“insight” into the nature of conduct. In other words, man possesses
insight and this insight reveals to him the goodness and badness of
things and makes him know the absolute and eternal law.
• He regarded law as closely associated with justice and ethics, and
natural law as requiring compliance to positive law and authority.
Thus, positive law is to be obeyed in all circumstances. In fact Socrates
was prosecuted for subverting the youth of his time.
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Theories of Ancient Greeks and Romans: (Continuation)
ii. Aristotle (384-322 B.C.)
• Man is part of nature in two ways (i) He is part of the creatures of God; (ii) He
possesses active reason. Thus, natural law has the same force everywhere and
does not exist by people’s contemplation. It is universal. According to him,
universal law is the law of nature. So there is all the emphasis on universality.
For example, natural justice is universal in its contents i.e. there is a precept that
I must return that which has been lent to me. On the other hand, legal justice it
keeps changing according to the circumstances i.e. the law on rape etc.
• Aristotle was of the opinion that positive law ought to try to incorporate the rules
of natural law. Positive law should be obeyed even if contrary to natural law.
However, he stated that the ultimate aim of man should be the attainment of a
“State of goodness”. Hence, a just law is that which allows individuals to
develop their potentials within the framework of the society. Such law is
possible only when men exercises reason. Moreover this type of law is perfect,
unchangeable and applicable to all mankind.
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ii. Aristotle- (384-322 B.C.)
• Aristotle observed that natural processes tend towards ‘pre-determined
ends’ for example acorns grow into oaks which ‘fulfilled their natural
function’ . ‘Man’ or Humans also have ‘proper function’ which could
be discovered by reason and thought. This is the ‘idea of the good’ and
the good for a species is the ‘end’ it will reach if its progress is not
limited or impeded. This ‘end’ oriented approach is called ‘teleological’
approach.
• In “The Politics”, he was of the view that good law is where the
subjects achieve their maximum potential towards their appropriate
development. And in the “Nichomachean Ethics”, he speaks about
morality that is higher than that embodied in good laws, which may be
construed as an indication of some aspects of universal justice.
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(b) Romans (ancient theories)
i. Cicero (106-43 B.C.)
• To him, law is ‘the highest reason’, implanted in man, and commanding that
which we ought to do and prohibiting the opposite. According to him, the
‘highest form of reason’ , which may be discovered in nature, becomes, when
firmly rooted in the human mind and further developed, law.
• Cicero argued that true law- the eternal law, natural law came into existence
simultaneously with Divine Mind. It is, in essence, ‘reason in agreement with
nature’. It applies to all men, and is unchangeable and eternal.
• He further stated that to curtail the law is ‘unholy’; to attempt to amend it is
illicit; to repeal it is impossible. We cannot be dispensed from it by any order
of any institution. He gave an example a legislature which said that theft or
forgery of wills or adultery was lawful would no more be making law than
what a band of robbers might pass in their assembly. (What about legislation
such as the UK Gender Recognition Act 2004 and many more). How about a
legislature decriminalizing ‘adultery’ rather than ‘requiring’ one?
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Theories of Grotius, St Augustin and St Thomas Aquinas:
(a) Grotius (1583-1645)
• Man has desire for society, for peaceful life in common with fellow men
and in correspondence with the character of his intellect. From this nature
of man which desires a peaceful society, principles of natural law have
been derived by him.
• He says “Natural law is so immutable that cannot be changed by God
Himself”. The principles of natural law can be deduced into ways: (i) A
priori- by examining anything in relation to the rational and social nature of
man; and (ii) A posteriori – by examining the acceptance of these principles
among the nations.
• Grotius holds that natural law consists of certain principles of right reason
which causes us to know that an action is morally honest or dishonest
according to its necessary agreement or disagreement with a rational and
sociable nature. The law of nature is discoverable by man’s reason. What is
right or wrong depends on the nature of things and not a decree of God.
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(Continuation)
(a) Grotius (1583-1645)
• Apart from his contribution to the discussion of natural law, Grotius also
contributed in the area of our understanding of society and international
law. For example, he defined society as “a complete association of free
men, joined together for the enjoyment of their rights and for their common
interest”. Thus, by a “social contract”, people give to ruler the right to
govern and after that, people cannot claim a right to control the ruler.
Hence, if people choose to live in a peaceful community, they must obey
certain rules e.g. the keeping of promises.
• In the area of international law, he believed that just as a man desires to live
in peace with his neighbours, nations or states must have a desire to live in
peace with another. Jus Gentium (the law which is followed equally by all
people), should be founded on the precept of fulfilling the promises.
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(Continuation)
(b) St Augustin (384-430)
• He held the view that the perfect type of law was “law of nature”, and
man lived in “golden age”, in a state of innocence and justice. Hence, the
union with God was the end of law. But this “absolute law of nature
could not continue for long.
• Nature mislead and corrupted man. Consequently, with the “fall of
man”, there emerged, on the scene, human laws, institutions of property
and government. Though institutions were sinful, still their operations
could be justified.
• According to him, to maintain peace among men the Church
(ecclesiastical authorities) must have absolute authority. (See his
argument during the Dark Ages from 1200 A.D. to 1300 A.D. where the
Church was given absolute supremacy over the states)
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(Continuation)
(b) St Augustin (384-430)
• Provisions of human law were to be ignored if it came into
conflict with ‘eternal’ or natural law. In other words, if human
law was contrary to the law of God, it was to be disregarded.
Human laws were not just then it could not be the ‘law’ (Compare
Hart-Fuller debate over 1500 years later).
• Augustine’s ideas of ‘natural law’ was developed further by
Catholic theologians: Law of nature is law of God and it is
therefore immutable. Law of nature had priority over human law.
Only the Catholic Church teachings on natural law are true. (What
about the position of other religions say the teachings of the
Qur’an and other revealed books? )
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(Continuation)
(c) St Thomas Aquinas (1224/25-1275)
• Aquinas divides law into four categories: lex aeterna (divine reason);
lex divina (law of God revealed in the –Christian- Scriptures); lex
naturalis (‘participation of the eternal law in rational creatures’); &
lex humana (‘positive law’).
• According to Aquinas, as far as the first category of law is concerned
i.e. lex aeterna (divine reason) is known only to God and ‘the
blessed who sees God in his existence’: man is ‘ordained to a
particular end (eternal happiness)’ and cannot attain this through his
own powers alone but need Divine guidance and protection.
(Compare this with the theology of Augustine also only ‘the Elect’
are chosen by God to see His Truth)
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(Continuation)
• Still on the issue of lex aeterna (divine reason), probably it would be of
paramount importance to compare also Spinioza’s sub specie aeternitatis
and sub specie durationis on the issue at hand. In my view Aquinas lex
aeterna is different from that of Spinoza’s in that: (1) Aquinas God is the
‘Christian’ God whereas Spinoza’s is –to a large extent- not. (2) Aquinas
explicitly stated that divine help or grace is needed to see the ‘divine
reason’ and only those ‘blessed’ are capable of access to divine reason,
Spinoza stated that by the use of human reason men (and perhaps,
indeed?, certainly men only) can develop the ability to look into things
from ‘eternity’ though Spinoza like Aquinas also believe that only a few
could obtain such insight .
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(Continuation)
• As to the second category of law, lex divina is the ‘law of God’ revealed in
the (Christian) Scriptures. It would thus appear quite unlikely that Aquinas
would consider Hebraic and Qur’anic Scriptures (far less the non-theistic
Scriptures from Hinduism, Buddhism and Confucianism) as possible sources
of the law of God.
• As to the third category of law, lex naturalis- it is the result of man’s
participation in eternal law and can be discovered by reason. The general
precepts of natural law, which are consequences of a man’s exercise of
reason are: the basic principle is to good and avoid evil; in every man, there
is an aptitude to be good “in accordance with the nature which has in
common will all substances”; on account of his reason, a man has natural
aptitude to learn the truth about God and to live in society.
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(Continuation)
• Still on the third category of law (lex naturalis), Aquinas seems to
suggest that all men are rational. However, the question are all
‘men’ ‘rational’? Compare the critique of John Rawls ‘veil of
ignorance’ that as far as general human psychology is concerned
Rawls assume that all human general psychology is that humans
will always act in their self-interest.
• Aquinas believed that ‘natural law’ could be added to though as
far as ‘first principles’ are concerned not subtracted from.
(Comment: compare the revelation of the various Scriptures in
Judaism, Christianity and Islam)
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(Continuation)
• As to the fourth category of law, which is lex humana or positive law :
‘secondary to natural law’. According to Aquinas this law is necessary
since natural law does not provide solutions to most of the problems of
society and there is need to ‘force selfish people to act justly’.
• According to Aquinas, human laws are either just or unjust. Thus, to be
just a positive law must be virtuous, necessary, useful, clear and for the
common good. Based on this line of argument, Aquinas, as well as
Aristotle and later Hugo Grotius justified slavery. (Comment: taking a
Marxist or a progressive (liberal) analysis can we state that even ‘natural
law’ theories are based on ‘economic system’ and the ruling elites’
protection of interests? Compare also even among natural law thinkers
of old and relatively recently about the attitudes to women).
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(Continuation)
• Aquinas further stated that unjust laws are perversions of law and do not
bind man’s moral conscience. However ‘binding man’s moral conscience’
and ‘release from obedience’ to unjust positive laws are different. Thus, if
there are Laws commanding idolatry (worship of idols) then ‘man is
released from obedience’. But for other unjust laws ‘man is to yield his right
of rebellion’ since it could cause ‘scandal’ or suffering though ‘such a law
does not bind his conscience’. It would appear right to say that to Aquinas
‘perversion of law’ does not mean law is not law but not law in the ‘fullest
sense’.
• Aquinas says that a law should be ‘obeyed’ when to break it would lead to
scandal or civic obedience. (Comment: Aquinas was probably making a
‘balancing argument’ in that the ‘consequences of disobedience’ to unjust
laws should be balanced with possibly negative effects of permitting it).
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Theories of Grotius, St Augustin and St Thomas
Aquinas: (Continuation)
• The other comment on the point raised above by Aquinas is
that of a ‘slippery slope’ argument : the example that
disobedience set, others may flout laws which are not
morally defective. Query: What would Aquinas say to (a) to
civil disobedience campaign of Mahatma Gandhi in India in
the 1920s and 1930s. (b) of Martin Luther King Jr. in the
United States in the 1950s and 1960s.
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Comparison Between the Theories of St Thomas Aquinas and Islamic
Theories:
• Aquinas classified law into four categories: lex aeterna (whole body of
God’s law or divine reason); lex divina (law of God revealed in the –
Christian- Scriptures); lex naturalis (‘participation of the eternal law in
rational creatures’); and lex humana (‘positive law’). In Islamic
jurisprudence, ‘Islamic law’ or Shari’ah or what is termed as ‘legal rule’
again is of two types: mandatory (taklifi) and declarative (wadi). The
mandatory rule requires certain action or provides a choice of whether to
follow it or not. Actions, in this respect, are divided into those that are
obligatory (act which is required by Shari’ah, one is censored for not
performing it), commendable (act which is required by the Shari’ah, but one
is not censored at all for not performing it), permissible (act which a person
may or may not do without censor), disapproved (act which the Shari’ah
requires not to be done, but one is not censored for it) or forbidden (act
which the Shari’ah prohibits, and one is censored for it.
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Theories: (Continuation)
• Aquinas viewed ‘positive law’ or human law as ‘secondary to natural law’
but it is necessary since natural law does not provide solutions to most of the
problems of society and there is need to ‘force selfish people to act justly’.
On the other hand, Islamic law or Shari’ah law is perceived as perfect law
and there is no lacuna in its operation. It is considered comprehensive,
flexible and permanent in nature.
• According to Aquinas, unjust laws are perversions of law and do not bind
man’s moral conscience. However ‘binding man’s moral conscience’ and
‘release from obedience’ to unjust positive laws are different. If there are
Laws commanding idolatry (worship of idols) then ‘man is released from
obedience’. For other unjust laws ‘man is to yield his right of rebellion’
since it could cause ‘scandal’ or suffering though ‘such a law does not bind
his conscience’. This is not the case with Islamic theories.
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Theories: (Continuation)
• Aquinas used moral criteria as a means of evaluating positive law i.e. unjust
laws are perversions of law and do not bind man’s moral conscience. However,
the moral criteria which are an essential part of Islamic jurisprudence are not
used as means of evaluation of positive legal norms, because from a strict point
of view ‘legislation’ has no authority independent of the Shari’ah in the first
place. For example, in practice in many States secular governments do make
laws in the sense of positive law which are then evaluated by the Islamic
community by reference to Shari’ah norms.
• Aquinas believed that ‘natural law’ could be added to though as far as ‘first
principles’ are concerned not subtracted from. Compare the revelation of the
various Scriptures in Judaism, Christianity and Islam. This line of argument
cannot be accepted under Shari’ah. In Shari’ah what’s important is for one to
refer to the primary and secondary sources of forming part of Shari’ah. Thus,
there is no room for addition or subtraction as far as the Shari’ah is concerned.
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Conclusion:
• The discussion on natural law remains a heated debate even in the 21st
century. For example, what is ‘natural’ about natural law can be
construed from different contexts or perspectives for instance the
classical natural lawyers advocate for the substance of the law must be
moral. On the other hand, the modern natural lawyers like Lon Fuller
advocates for ‘procedural morality’ in the law making process i.e.
Procedural justice.
• Looking at the discussion from the Shariah perspective, it would suffice
to note that ‘law’ and ‘morality’ are fused together and the two are
inseparable. Islam is not only a religion, but a complete way of life
encompassing all aspects of life i.e. Law, family, religion, etc.

The Concept of Natural Law 1 - Jurisprudence

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