Schools of Jurisprudence
As the ink of the pen flows, Surah 68, also known as Al-Qalam, delves deep into the conflict between naturalism or anarchism and statism through the lenses of various schools of jurisprudence. This article reflects on the relevance of Surah 68 in addressing social contracts, wealth monopolies, and the validity of different schools of jurisprudence. By emphasizing the principles of natural law and the gift economy, Surah 68 highlights the importance of establishing a just, equitable, and sustainable society rooted in truth and reality.
A Reflection on Jurisprudence, Social Contracts, and Truth
In the holy book of Islam, Surah 68 or Al-Qalam (The Pen) sheds light on the conflict between naturalism or anarchism and statism through various schools of jurisprudence. This piece delves into the significance of Surah 68 in addressing social contracts, monopolization of wealth, and the credibility of distinct jurisprudential schools. It also stresses the significance of adhering to natural law and the gift economy to establish a truthful, fair, and sustainable society.
Surah 68 and the Schools of Jurisprudence:
Surah 68 inspects the Natural Law School of Jurisprudence and its opposition to the Analytical School of Jurisprudence, Historical/Sociological Jurisprudence, and Law & Economic School of Jurisprudence. These schools promote a materialistic, divisive, and hierarchical approach to governance, depicted by the metaphors of the star, moon, and sun in verses 6:76-78.
Social Contracts and the Formation of a Valid Constitution:
Verses 1 to 16 of Surah 68 highlight the Analytical, Historical/Sociological, and Law & Economic Schools of Jurisprudence's inability to enter into a valid social contract and establish a legitimate government. By utilizing propaganda and fallacies, these schools misrepresent truth, justice, and governance, ultimately destabilizing a genuine social contract's foundation.
Monopoly on Wealth and Human Farming:
Surah 68 criticizes the opposing schools' main objective of monopolizing Earth's wealth and exploiting human resources. Verses 17 to 34 juxtapose this ideology with the gift economy's principles, which encourage a more equitable distribution of resources and opportunities.
The Validity of Jurisprudential Schools:
Verses 35 to 43 of Surah 68 question the Analytical, Historical/Sociological, and Law & Economic Schools of Jurisprudence's validity. These schools do not offer concrete evidence to support their definition of law and justice since their opinions are not grounded in reality or natural laws.
Remaining Patient and Standing for Truth:
Surah 68 stresses the importance of steadfastness in upholding the truth based on nature and reality's laws, as shown in verses 44 to 50. Ideologies rooted in the star, moon, and sun are self-deceptions that lead to self-destruction.
Reaffirmation of Contractual Capacity:
The concluding verses of Surah 68 reaffirm the significance of contractual capacity in entering social contracts, establishing valid constitutions, and forming countries. The opposing schools of jurisprudence, mentally ill, lack the capacity to enter into legitimate social contracts, form valid constitutions, or establish functional countries.
Conclusion:
Surah 68 reminds us of the importance of adhering to natural law, the gift economy, and a reality-based understanding of truth and justice to establish a harmonious society. Acknowledging the fallacies and constraints of opposing schools of jurisprudence can aid us in establishing a more equitable, just, and sustainable world.