Legislation in the Quran and Human-made schools of thought PDF Print E-mail

Dr. Sayyed Ahmad Mir Khalili

Associate Professor of Yazd University

Majid Muhammad Zadah

M.A. in Quranic Sciences and Hadith

Abstract

One of the most complicate and controversial debates in the relevant issues of humanities has been the discussion of legislation, its objectives, criterion, origin and conditions of a legislator. The most influential approach on credibility and legitimacy of a law is that the competent authorities having all legislative requirements should have imposed the laws. The conditions a legislator has to meet are as: complete understanding of human, his interest and corruption and being away of self-interest and selfishness. From the Quranic perspective, the only one who can meet all these characteristics is Allah, the all-wise and the Omniscient. Therefore, he alone is the origin and source of law. In Islam, sovereignty and guardianship [firstly and essentially] is the right of Allah, and He will devolve it to whom he pleases. Again, it will be their second and accidental right and their obedience is obligatory only due to Allah's command. As a result, the Quran, tradition of the prophet and his Progeny are playing the role of a constitution and a book of life for the humankind to gain salvation. The paper addresses the following issues too: the objectives of law and legislation, the origin of law, the credibility of law, the conditions of legislator and legislation and a comparative study of different schools on legislation.

Keywords: the Quran, Legislation, Divine and Human-Made Laws, Objectives and Conditions of Legislator.