سند قانون - فقہائے اسلام اور مغربى مفکرین کى آراء کا تحقیقى وتنقیدى جائزہ

Authority of law: A Comparison Between Islamic and Western Jurisprudence; An Analytical Study

Abstract

It is generally agreed that every legal system claims authority, however, the notion of authority is one of the most controversial concepts found in western legal philosophy. There are various distinct problems involved in the notion of authority and the problem of its paradoxes. The first section of the present paper introduces the viewpoints of various western schools of thought and the philosophical analysis of the concept of legitimate authority. The conflict about the concept of legitimate authority reflects their code of life and concept of religions. The second section of the paper presents a study of the origins of the Islamic law as well as the contemporary western legal thoughts in connection with authority. In Islamic law authority-which is at once religious and moral is the will of the Creator which is basic source of Islamic law, however, jurists differentiate between legal and moral values. It concludes with the comparison between Islamic and western notion of authority.