Theory of Natural Law and Legal Positivism: A Comparative Review of Islamic Law and Conventional Law

Abstract

This article analyzes the law's pattern and debate between the theory of natural law, positivism, Islamic law, and customary law associated with the construction of its source and hierarchy. Second, the comparative perspective between Islamic Law and Conventional Law uses The Theory of Natural Law and the Positivism Theory of Law as fundamental analysis. The study used a comparative approach to know the synthetic elements of the four regular patterns. The results of this study show that, first, the Theory of Law of nature has a substantial relevance with Islamic law in aspects of its highest source, legal relationship with morals, and recognition to ratio. Legal positivism develops regulations with empirical approaches and scientific methods. Still, this idea ignores the metaphysical aspects, moral aspects, and aspects of justice in law. Customary law is a modern legal theory that substantially has a logical connection with the idea of legal positivism. Second, the Theory of Legal Positivism adheres to analytical principles by prioritizing the law.  Positivism separates the law from morals and justice. The law of nature as a classical theory requires the transformation of the law in the current era. Islamic law is a modern theory that confirms the legal character of the theory of natural law.