Morality and the Law

[vinod]

Should all moral codes become law? Excerpt from L.Atkin's speech in Donaghue v Stevenson 1932-


"The liability...is no doubt based upon a general public sentiment of moral wrongdoing...But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy."

What do you think?

For eg- should Islamic rules for modesty become part of law of the state or should they be left out? How should the law position itself vis-a-vis morality?

Regards

[Aasem]

Assalamu Alay'kum,

I think the answer to this question lies in the Islamic science of Maqasid al-shariah. There are various ways to identify the Maqasid and a jurist may prefer one approach over another; however, Shatibi's inductive approach (Istiqra'a) may resonate well with contemporary social dynamics. State should keep on legislating in the benefits of the citizens (as they normally do in modern times) but objectives of Shariah should always remain as a guiding principle.

It is debatable among jurists whether Maqasid can be extended to explicit commands and prohibitions or the ambit should be reduced to objectives and values only. I have only read Shatibi's views on this and he extends the science to commands and prohibitions as well. That in turn, according to Shatibi, depends on the intent of the lawgiver. Therefore, in my view, it has to be seen through the text whether the lawgiver intends to get the Islamic rules of modesty enforced through the state legislature or not.

wassalam
-Aasem

[DocW]

Morality (from the Latin moralitas "manner, character, proper behavior") has three principal meanings.
In its first descriptive usage, morality means a code of conduct held to be authoritative in matters of right and wrong, whether by society, philosophy, religion, or individual conscience.
In its second, normative and universal, sense, morality refers to an ideal code of conduct, one which would be espoused in preference to alternatives by all rational people, under specified conditions. To deny 'morality' in this sense is a position known as moral skepticism
In its third usage 'morality' is synonymous with ethics, the systematic philosophical study of the moral domain.


Etiquette is sometimes included as a part of morality, but it applies to behavior that is considered less serious than the kinds of actions to which morality usually applies. Law is distinguished from morality by having explicit rules, penalties, and officials who interpret the laws and apply the penalties, but there is often considerable overlap in the conduct governed by morality and that governed by law. Religion differs from morality in that it includes stories, usually about supernatural beings, that are used to explain or justify the behavior that it requires. Although there is often a considerable overlap in the conduct required by religion and that required by morality, morality provides only a guide to conduct, whereas religion always contains more than this.

When “morality” is used in the descriptive way, moralities can differ from each other in their content and in the foundation that members of the society claim their morality to have.

When “morality” is used in its universal normative sense, it need not have either of the two features that are essential to moralities referred to by the original descriptive sense: that it be a code of conduct that is put forward by a society and that it be used as a guide to behavior by the members of that society. Then it is defined as an informal public system applying to all rational persons, governing behavior thataffects others, and has the lessening of evil or harm as its goal.

[DocW]

Quote:For eg- should Islamic rules for modesty become part of law of the state or should they be left out? How should the law position itself vis-a-vis morality?

Bro In my limited knowledge and humble opinion, morality cannot be legally imposed in all its facets .It is a code of conduct that should be taught in house hold. for example modesty is a moral virtue in Islam but cannot be legally imposed. The law does not teach morality but imposes limits restrictions and penalties. Moral values differ in different socities and religions and thus it is also not possible to apply the same morality to one State.