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Title :

ORIGIN AND PURPOSE OF LAW: A COMPARATIVE ANALYSIS OF ISLAMIC LAW AND LEX HUMAN

Authors :

ADAM YUSUF ADAM

This paper studies comparatively Islamic Law cumLex human. In achieving the objective of the paper, correlative method is employed. The paper gives the definitions of the terms constituting its topic; it glimpse at the historical origin of law in human society and its nature of development. It also discusses the general philosophy of law and its characteristics, as it highlights on the fundamental principles and basics of law. It however discovered that the guiding principle of Islamic law is that man, irrespective of his gender, race and social status, has rights to fulfill all his need so as to achieve success and happiness of life in a way that the interest of other people should not be tempted by him, as they must do the same to him, and where any of the party does contrary to what is expected, the law is there to check the excesses of that party in protection of the other. But, in Lex human, the motive is often not apparent or can only be justified obliquely. The paper therefore, concludes by suggesting that while man is in between two spheres of activities, from that which is given to him by the Almighty Allah, to that which he will design for himself, and no matter how good and perfect the latter might seem to appear, the former is truly the best and perfect for him to choose and live by.