LJU4801 ASSIGNMENT 01 this one is 100% correct

Natural law theories and Islamic legal theories on the question of how judges decide cases. Natural law is the idea that there is a real, pre political set of rules which existed before the formation of human societies that provide the yard stick against which human laws can be measured1 . Natural law theory provides superior way of thinking about basic problems of justice and political morality. On natural law the validity of the law is therefore dependent on its moral content. Natural Law theorists maintain that judges should be guided by natural law when deciding a case. Islamic law is considered by most Muslim to be divine law.2 Islamic law is defined as the law according to the Muslim faith and as interpreted from the Quran. Islamic legal theory is literally regarded as the roots of all the law and thus an essential aspect of Islamic law. Islamic law is based on the religious precepts of Islam, in particular the Quran and the Hadith. Like natural law, Islamic law is not one unified system of law and its application differs from country to country, thus, Islamic law is similar to natural law. In deciding cases, judges are constrained by precepts of metaphysical and religion. However, Islamic natural law is based on Muslim religion whereas natural law is based mainly on Christianity. Islamic law is based on a synthesis of ideas from natural law philosophy like Aristotle, thus judges are expected to when deciding cases to take divine law as revealed to humans into consideration. In Islamic law judges must aim to safeguard five principles of Islamic law, such as, right to life, faith, intellect, property and linage3 these are also the same principle that judges need to safeguard in the natural law.