Assistant Professor, Research Center for Islamic Culture and Thought
Abstract
The basis of Law is its obligatory source, for discovering which, scholars were have been searching within the topics of philosophy of law. From the past until today “Natural School of Law” and “Positivist School Law”, had been the two dominant streams of law that always been trying to prove oneself and reject the other. Islamic Law scholars who had an independent basis and unique school of law, used to criticize these prevailing schools. They believed that wise will of the divine legislator is the basis of law. Though Islamic scholars have sometimes used Qur’anic teachings in order to prove their fundamentals, nevertheless, criticizing the above mentioned law schools on the basis of Qur’an has been done for less.
Natural School of Law can also be criticized by Qur’nic basis, however the author of the article tries here to criticize Positivist School of Law that is relied on the will of government or Public conscience. Therefore the author uses Qur’nic teachings on the basis of “Nemone” exegesis, besides applying an analytic method.
