Friday, March 4, 2011

What are the differences between the Islamic view and approach to law and the Christian view and approach to law?

          The Islamic view and approach to the law is largely based off of their view of man and world view in general. Firstly, although Islam does recognize that God is the ultimate lawgiver, it holds that Allah has not revealed himself and his nature but rather his law, which lends itself perfectly to a cold, detached system of rules and regulations that Islamic, or Shari'ah law is. The Shari'ah law, which is a combination of four main works (Koran, hadith, ijma', and the qiyas) attempts to depend exclusively on the Koran and on the works/practices of Muhammad (the others) but it simply doesn't cover all the legal issues mankind creates. There is no solid basis for their legal standards or foundation; instead it’s a fusion between the telling and practices of another human being. In effect, Muslims are expected and oppressively forced to adhere to an uncountable number of rules in an attempt to please an unknowable God, yet it impossible because man, inherently, will fail. Yet also, the Islamist model for their legal/religious/ moral system "is predicated on the belief in government by morally impeccable individuals who can be counted on to resist temptation, it does not generate institutions capable of functioning autonomously by means of structural checks and balances" (295). This is where we see the Rex Lex idea come in because the leaders are not held completely accountable to their legal system for one because it's impossible.  All personal rights and liberties are denied and there is a complete lack of personal freedom. The idea is simply not par of the Muslim legal traditions.
          In contrast, Christianity is the only worldview that provids a basic for law that both respects human dignity (created in the image of God) and human depravity (our fall into sin). Mankind has the right to life and life more abundantly in this worldview. This can only happen here because the Christian view and approach to law is solidly founded on the divine and infinite nature of God where he gave us his divine laws and the means of discovering them. Instead of creating a choppy and contradictory set of rules, God gave us his word to follow and create our earthly legal systems after. He gave us a framework, there's no guess work involved (in general, of course mankind creates all sorts of issues). This "fixity", as Noebel calls it, produces a system that doesn’t fluctuate but it remains constant in its purpose and goal. His system is orderly and equitable and therefore each person has the right to be judged by the same standard of justice, this is where Lex Rex comes in (all are under the law).  However, what also sets Christianity apart is that it recognizes that morality and legality are not synonymous (as attempted to couple by muslims), that a specific law cannot enforce every moral action, the human race will fail but is redeemable. As for a legal system here on earth, the Christian law should stabilize society and promote justice while leading us to reinforce an understanding of our fallen nature and need for a Savior! J

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