An Argument About the Realism of Legal Propositions Based on Islamic Philosophy

Islamic law, as a science, is deeply rooted in rational perception and practical reason, giving it a philosophical structure distinct from modern law. This distinction lies particularly in its metaphysical conception of reason, which ties Islamic law to theology in a metaphysical sense. Unlike modern law, which often reduces legal obligations to political or theological domains, Islamic law bases its framework on a reasoned understanding of “dos and don’ts.” These imperatives are derived from necessity, defined through factual subsistence (thubūt nafs al-amrī) and veritable propositions (qaḍāyā ḥaqīqiyya), rather than simple factual statements (“is and isn’t”). Consequently, Islamic law is considered a realistic science, with its realism stemming from subsistence rather than topical or external determinations. This non-deterministic realism sets it apart from contemporary legal systems, underscoring a fundamental difference in their philosophical foundations.