ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Sources of Rights INVESTIGATION OF DOUBTS (1) One of the doubts is as follow: There have been and still exist different system of laws. Each of these has been more or less effective in the realization of the objective which is the maintenance of law and order in the society and relative security of peoples demand. Every society prefers its own system of laws.

If people’s views and understanding undergo a change, the laws ruling the society are also altered. This has been witnessed in different countries of the world. These changes have also taken place even in legal systems which are divine and based on religion. This change takes place by nullification. If laws had a stable rational base such changes and alterations could not be justified.

In reply it must be said that: Firstly: The legal system should not be considered as a totally independent system. Nor should its objective be considered as the maintenance of order and relative security of peoples demand. On the contrary, the legal system should be recognized as part of a comprehensive and value-oriented system; its object being the creation of a means for the realization of ultimate aim through a complete value oriented system.

In other words, social relations are only one of the many aspects of human life. The provision and regularization of these relations are a means to provide utmost possible perfection and eternal bliss to the largest possible number of people belonging to the society. Therefore, privilege laws should be enacted in such a manner that they are commensurate with the general objective of the value oriented moral system or at least it is not in contradiction with it.

This is a fact which has been neglected in man-made legal systems resulting in separation of laws from religion and ethics. Secondly: The claim that various legal systems are similar as far as the realization of approximate legal objectives is concerned is unrealistic and exaggerated. As mentioned earlier many a times the law makers themselves have realized their mistakes and worked to set them right.

It is because the alteration of laws is not only due to change in views and peoples understanding. Thirdly: Rational and realistic base for laws does not mean that all legal norms have stable and ever-lasting infrastructure. May be the change in certain realities and external conditions may result in alteration in some judicial laws.