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Analyze the relationship between Ciceros concept of natural law

and the Shariah.

Introduction
Ciceros concept of natural law is derived from the notion that mans rules of behaviour and
moral attitudes are governed by that which is derived from nature. He believed that man is
equipped with rational objectivity in determining that which is good and to disregard or to
acknowledge what is harmful. He also made an overwhelming contribution to the natural law
and natural rights in the West.

Shariah can be broadly described as Allahs law or divine law. Shariah law comprises of several
components upon which its constitution is built. It primarily comprises of the Quran divine
(Allah s.w.t) set of codes and laws to guide man, the Sunnah the approvals, sayings and
interpretations of the Quran by Prophet Muhammad (s.a.w) and lastly Fiqh which is the laws
made by those who are reliable and credited to understanding the Quran and Sunnah that covers
areas that might otherwise have not been addressed by the Quran and/Sunnah due to the nature
of the circumstance e.g. the punishment for getting intoxicated; through ijma and qiyas.

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Ciceros Perspective on the Law of Nature

Although Cicero learnt a lot from his Greek predecessors with regards to morality and politics, it
was he who introduced the concept of following nature or doing things in accordance to
nature.
Ciceros concept of the law of nature encompasses that all reasonable Man alike have the proper
faculties to understand, comprehend and implement these laws. His concept extends to every
single Man, with reason, to adhere to the laws that are set in accordance to which God has placed
in a fixed system.
Reasonable Man is a combination of a particular society's judgment of how a typical member is
expected to behave in situations that might be threatening or harmful to the public (through an
individuals action or inaction). Cicero believes that reason is in harmony with natural law.
Hence this law is universal, everlasting and unchanging. Reasonable Man is duty-bound to its
demands and is deflected from evil by its prohibitions.
According to Cicero, natural law is considered to be the laws set by God He is its author, its
maker and its enforce and stresses the point that Man has an innate sense of right and wrong
for which they are accountable.

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Quran and Shariah Law

The Quran is a unified set of codes revealed to the Prophet Muhammad (s.a.w) by Allah (s.w.t)
as a message to guide Man and dictate to him a proper and just way of life.
This sacred text is the primary source of law for Muslim of which conduct, moral, attitudes and
behaviour, which encompasses the fundamental attributes of what a just society should comprise
of.

Sunnah and Shariah Law

Another component of Shariah is the Sunnah; it is that which the Prophet (s.a.w) has made
approvals, judgments and his general conduct of life. He was presented to Man as a perfect
example for all Man to emulate his character.

Relationship between Natural Law and Shariah

Most modern philosophers see the contradiction between Natural Law and the Islamic Shariah.
Cicero believed that natural law is established for all times, it is universal in its application,
unchangeable due to its sacristy and everlasting in its nature. In understanding the concept of the
law of nature in its totality, is to understand that first and foremost nature is ever evolving with
new issues and circumstances to which a man of reasonable stature during the Roman and Greek
civilization would differ in opinion regarding to those matters of modern man to say such
actions would be considered illogical and unacceptable.

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Islamic Shariah differs from Natural Law in that it is comprehensive, detailed, structured and its
consistency is undeniable. The foundations upon which its logical tenets are derived from the
Quran; being the word of God and the Sunnah which solidifies and compliments through the
Prophets actions, sayings and daily interactions.
It has inspired numerous Islamic scholars such as Ibn Sini, Ibn Khaldun. Al-Farabi for example
was one of the first scholars to unite theory and practice which acted as a founding step towards
modernity. The Shariahs code of conduct paved the way for the flourishing of knowledge in
numerous and various fields.

Natural Law has an underlying principle of which it explains that man has it a duty to obey and
adhere to these laws using his logic, never to be freed from its obligations. Its rule of justice
extends to all man.
Its alteration is reprehensible by law and any attempt to abolish it.
Shariah agrees with the notion that reasonable man is accountable for his behaviour in situations
that relate to the well-being of society. However it goes further in insuring that mans faculties
of reason are always lucid. It dictates the boundaries within which permissible and what is
prohibited more strenuously.
For example, the consumption of alcohol diminishes mans reason and his logical faculties.
In the West, it is a practice that is accepted widely freely. Although it removes the very concept
which underlines Ciceros Natural Law in which man is required to possess his reason to operate
in a moral and dignified manner. Shariah Law acknowledges this fact of the diminishment of the
mind and that in such a state man is unable to act in a reasonable manner hence prohibiting the
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consumption of alcohol, demonstrating the comprehensive nature to which Shariah Law is
superior to the more basic concept of Natural Law.

Conclusion
The Shariah, as well as Ciceros concept of Natural Law, highlights the importance of shaping
and nourishing a morally upright citizen of society. They possess basic similar traits such as the
belief that the law is set, enforced, and promulgated by God alone. The idea that criminals are
not free from the crimes theyve committed although they have been thought to have escaped
what is considered to be punishment by the majority, are to be reprimanded in some way or form
in the future.
This coincides to the concept in Shariah which explains the effects of ones deeds carried onto
the Hereafter to which he will be answerable for the crimes which he has committed to which he
had presumed to have escaped from.