Thursday, December 31, 2015

Islam and Natural Law



Vincent J. Curtis

31 Dec 2015



Natural law as understood today is an outgrowth of Scholasticism, and in particular in the work of St. Thomas Aquinas.  Natural law undergirds written law, for Natural law is the basis of our understanding of Justice.

The first principle of Natural Law is that “good is to be done and pursued, and evil is to be avoided.”  All other precepts of the natural law are based upon this.  The received understanding of this principle is that it is self-evident that whenever we act, we pursue something that we take to be good in some way, or avoid what we take to be in some way evil.  Aristotle made the same point in his Nichomachean Ethics, and offered it as something self-evident in that thin sense of good being a subjective perception.

The first posit of Natural Law is thus a self-evident truth.  Now things start to get a little philosophical.  In the Aristotelean-Scholastic tradition, human beings have various ends and capabilities the fulfilment of which is good and the frustration of which is evil.  (Which, as we learned in a previous posting, is the privation of good.)  It doesn’t take more than a few common examples to persuade one of the general application of this precept.  Humans need food, water, friendship, the society of others, knowledge, etc.  Hence a rational person will pursue the attainment of these goods, or avoid their frustration as the case may be.  A normal, rational person will thus pursue what the intellect perceives as good, and what the intellect perceives as good in a rational person is what is in fact good.

In one sense, good action is the pursuit of that which is in accord with reason.  Hence, doing good is simply the rational way of fulfilling human nature.  Knowledge of human nature and rationality thus thicken the sense of subjective perception of what is good for human beings.

To give a particular example, consider the human intellect and the unique capacity of human beings (as compared with all other animals on earth) to learn and to reason and the grasp the truth of things.  The human capacity to learn, to reason, and to grasp truth is enormous, starting from infancy.  Thus, learning, reasoning, and grasping truth is a fulfillment of human nature; they are the most human things we do, since rationality is what distinguishes human beings from any other animal on earth.  It follows then that it is good for human beings to pursue truth and to avoid its opposite, error, and rational human beings will do so.

This takes us to the difference between absolute good and relative good.  All human beings need the absolute goods: food, water, shelter, friendships, companionship, love, knowledge, and the like.  Brain surgery is not an absolute good because brain surgery is not in the nature of human beings to require.  However, individual human beings may need brain surgery to save their lives from a cancerous tumor.  In these cases, brain surgery is a relative good, because it is a good relative to them.  What would ordinarily be considered an evil is a good in these cases because undergoing an evil preserves a greater good, namely their lives.

The equivalent precept in Islam to the Aristotlean-Thomistic “do good and avoid evil” is to command the good, and to forbid evil.  Though roughly similar rhetorically, the Islamic formulation of the first principle of natural law leads to radically different conclusions.

In the first place, there is obviously nothing in the Islamic formulation that requires that the person commanding and forbidding actually to do good and avoid evil himself.

A master commanding his servants to work is under no obligation to work himself.  At best, between absolute and relative good, the master can command that absolute good be done because he has knowledge of human nature, but he cannot command that relative good be done when he does not know what is good relative to a particular individual.  The master could easily deny a servant needed brain surgery by requiring the servant instead to tend to the relative goods of the master.

Islam, by commanding rather than doing, makes a complete hash of the relative goods understanding of natural law.  But what about the absolute good understanding?

Islam has a peculiar understanding of what is absolutely good.  Islam is incapable of looking at human beings from outside of its theological ontology.  In Islam, what is absolutely good is for the world and the human beings in it to submit to Islam and to Allah.  Knowledge of the Koran and the Hadiths is all one really requires; all other knowledge not supportive of this is superfluous or dangerous.  Hence the absolute good of knowledge has severe limits in the Islamic understanding.  Trying something new, or innovating, is frowned upon in Islam as being dangerous, and this outlook is crippling of the pursuit of knowledge and the cultivation of the intellect of Muslims.  Knowledge, of any kind, ought to be an absolute good, and in Islam it is not.

Islam also makes a clear and sharp distinction between “believers” and “infidels” in respect of human condition.  There is no equality possible between them, and hence what is good for a believer may need to be denied to an infidel if the Islamic order is to be preserved.  There is no innate equality of human beings in the eyes of “Allah” as there is in Christianity.  There is no sense of reciprocal duties in virtue of the likeness of the specific natures and the identity of the ends of human beings in Islam, as there is in Christianity and secular humanism.  There may be reciprocal duties between two believers, but not between believer and infidel.  Hence, there is nothing in Islam which forbids the injuring of the moral dignity or forbidding the lawful exercise of the free will of an infidel.  And Islamic law is often contrived to deny choice to the free will of the infidel.

Because there is no equivalent in Islam to the precept of loving one’s neighbor, it is perfectly moral in Islam to do violence to the intellects of others by deceit, or of leading others (particularly infidels) into error.

Hence, Islam makes a hash of the concept of absolute good by its arbitrary division of humanity into believers and infidels, and by the precept for Muslims to command rather than to do.

For more evidence of the hash Islam has made of natural law, consider the oft-quoted precept of Islam that to kill one human being is as to kill the entire human race.  Superficially, this may sound like moral condemnation of the act of killing.  Many Muslims act as if it did.  But the merest analysis of the statement shows that it is intellectually empty.

If to kill one person is as to kill all humanity, what then is the evil in killing all humanity?  The only possible answer is that it is equal in evil to killing one person.  The moral inflation of an evil results in a circular argument.  There is nothing but show in the precept that to kill one is as if to kill all humanity.  Therefore, it can offer no rational guidance on the subject of killing, as Aristotlean-Thomistic philosophy can.

The apparent correlation between the western concept “doing good and avoiding evil” and the Islamic concept of “commanding good and forbidding evil” is superficial, and given the different ontological assumptions results in radically different conclusions.

Islam has no “natural law” in the sense understood by the west because Islam cannot look upon human beings as such; it can only look upon them as being either believers or infidels.
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