Madame Blossom's Book of Poems

Friday, February 15, 2019

Transcedent law or Law determined by positivism

Extracted from the book "Moral Vision & Social Critique" by Prof. Syed Hussein Alatas (1928-2007)
From the essay The Regeneration of Islamic Society written in 1954.  MasyaaAllaah he was only 26 years old then.

Quoting John H Hallowell :

"When law is viewed from the standpoint of positivism, true law appears to be not that which is secured transcendently but rather, simply and purely a product of the strongest will within the community.  Whether the will be that of the numerical majority or the numerical minority, positive law appears to be the only 'real' law since it is the only law that can be empirically experienced.

It cannot be a product of reason but only a product of will.  It cannot embody truths and values transcending individuals but only desire and interest peculiar to a particular individual living at a certain time ad a certain place."




Self note : God's law transcends community and time, and applies to all.  The All-Knowing, the Master Planner.   May Allah guide us all.