Balancing and Completing Thoughts of Islamic Jurisprudence

Abstract

This paper reflects on the jurisprudential issue of the duty to obey the law. Several theories can be found in the secular jurisprudence on the question of why an individual has to abide by the law. One of which is utilitarianism. The paper argues that the utilitarian conception about the duty to obey the law has a gap that would be revealed using the same justification which means, if an individual obeys the law on utilitarian grounds, the same may be invoked to break the law. But beyond weighing the pros and cons of obedience over violation, there are other factors that explain the rationale behind compliance with the law. These factors entail the metaphysical understanding of justice as underlined in the theory of natural law and Islamic jurisprudence. While the utilitarian legal obligation forms part of the theory of Sharia for legal compliance, the Islamic jurisprudence provides the ultimate reason why a person could subject himself to the law, which is a liability in the afterlife. This paper reflects on this theory of Sharia and its basis in the primary sources and the intellectual tradition of the Sharia schools of thought.