Philosophy of law: an Islamic Sufi approach

Abstract

Purpose The purpose of this paper is to investigate the first causes of right, law and legislation, namely, the philosophy of law. To know the principles of right, it is essential to recognise its aim. The concept of “Justicia” is in full agreement with Islamic law. The adaptation of duty to genesis and nature is crucial to distinguish the legal and illegal domains of deeds. The legislation domain is one of the subjects of this paper. Design/methodology/approach In Sufi viewpoint, justice stands for: “Putting everything in its own place that causes its utmost growth”. This definition expands the domain of legislation by focusing on ethics and humanitarian transcendence. It not only considers equal living and civil rights for all the people, but also provides more additional rights for those who are more aptitude to grow. Findings Determining law-making borders raises the major question that how far it should be extended, providing the acceptability and stability of laws. Practical implications People are not equal to each other, but this inequality is not to be for domination or exploitation of the others. It means that the talent and growth capability of every individual in different situations differ. Social implications Real Islamic justice forces that everyone receives his right due to his/her growth eligibility and up to his/her level of inherent aptitude. Originality/value The depth of this approach has not been fully discussed yet.