Basics of Personal Status and Public Law in Mu’tazilah (rationalist school of Islamic theology)

  • Husein Kavazović, Reisu-l-ulema
Keywords: natural law, personal status, public law, rights and obligations, property, family, state

Abstract

In this paper, we wanted to explore the possibilities that were offered by natural and legal doctrine in the development of the ruling adopted by Mu‘tazilah. Teaching on God’s justice for them is not just a speculative question; it is in a most concrete way transformed into a question of justice, i.e. righteousness that derives out of a universal question of justice. For them, justice is universal while righteousness is a relative category. They think that the law must realize justice and that sharia law represents an equitable ruling aspiring for the ideals of righteousness. The basis of private law is a person with individual rights such as life, property, family, while public law is based on public interest expressed within socio-political community, through state government.

Published
2018-12-31
Section
Articles