ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin
Vol. 25 No. 1 (2024)

Miskawayh (d. 1030) on Justice and The Limits of Law

Muchlisin, Annas Rolli (Unknown)



Article Info

Publish Date
05 Jun 2024

Abstract

This article explores the limitations of Islamic law within the broader intellectual tradition of Islam. While law is typically designed to enforce coercive justice, Miskawayh’s perspective attempts to integrate this conception through a reassessment of the concept of justice. Specifically, this article examines, first, the overarching view of Islam as a nomothetic religion; and second, the ethical concepts and vision of justice offered by Miskawayh. By contextualizing Miskawayh’s ideas within the broader cultural and intellectual traditions of Islam, this research reveals a contrasting view of legal mechanisms. For Miskawayh, the vision of justice is not necessarily derived from external mechanisms of divine revelation, but rather hinges on the internal mechanisms of the individual. Miskawayh emphasizes a reversal of mechanisms from external to internal by advocating for a greater role of ethical-philosophical thought in Islamic legal discourse. Miskawayh, like many Muslim philosophers, navigates the relationship between revealed law and reason in his conception of justice. He rejects the notion of inherent conflict, arguing that both reason and divine law originate from God.

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Journal Info

Abbrev

esensia

Publisher

Subject

Religion Humanities Social Sciences

Description

ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin is a multidisciplinary journal that publishes articles of the highest quality and significance in all areas of Islamic theology (uṣūl al-dīn). The journal covers research on the immense significance of Islam in the context of religious life to which it has ...