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A modern civil society is bound by rules, regulations, and laws. Unlike the natural laws that are consistent and predictable, written laws are created by humans which render them fallible, inconsistent, and too often predicated on the judgments centered on prejudice, ignorance, and flawed societal norms. Legal discourse should be fundamentally grounded on sound moral, ethical, and righteous foundations. Authors of legal parameters craft laws based upon past behavioral precedents handed down from historic cultural, religious, and social conditions. It follows, the laws that are written can be flawed, imperfect, and not always properly practiced. The principle or policy of a double standard occurs when two or more individuals or groups, are treated differently, when they should be treated the same way, which is antithetical to the rule of law. The rule of law as practiced by a litigator, jurist, judge, or any legal expert recognizes that a measure of human fallibility can clearly prevail in any judgment; however, the expectation is that when anyone goes before a court, the outcome should be based on the merits of a case, not political status, relation to the court, or other personal characteristics. The rule of law should also apply to an enforcement of all laws, regulations, and formal proclamations of civic control regardless of one's race, religion, nationality, wealth, social status, political position, or perceived personal feelings of entitlement.
1994
T]he establishment of broadly applicable general principles is an essential component of the judicial process.
The term "Law' denotes different kinds of rules and Principles. Law is an instrument which regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. Law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from point of view of legislature. Law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of view of Judges. Therefore, Law is a broader term which includes Acts,
Laws in a society are the instruments, which regulate human conduct in society. Formulating laws is that domain of human life where man can drift from the straight path due to his weaknesses such as forgetfulness, Jahul, Ajul, needs, desires and lust, too much inquisitiveness, negligence, ungratefulness and not having control over the result of his actions. Transgression of man takes place for securing needs, satisfying, desires and lusts. Human intellect is not capable to make laws for all people and for all times. How these human limitations can be addressed in the formulation and implementation of laws is the focus of scholarship of Muslim scholars including Mawlana Amin Ahsan Islahi (1904-97). Islahi opined that these laws should be based on the divine revelation, called sharia and not man-made laws. What are these divine laws in the episteme of Islahi is the focus of this paper. Islahi's contentions are primarily based on his interpretation of the Quranic text giving little attention to the conformist approach to the Quran and which sometime seems to be deviating. Man " s potential and strengths makes him quite capable to be influenced by institutions primarily entrusted with the task of socialisation. At the same time, certain weaknesses and shortcomings of man subvert all human efforts of socialisation. The act of sabotaging of one individual affects collective life. The encroachment of individuals on the fabric of social and moral set up should be obstructed at the earliest possible time. No individual should be allowed to thwart the growth and development of another individual in the attainment of success in this life and to salvation in the hereafter. Since humans started social and political life, need of certain rules were felt to regulate human life. At the earliest stages man-made laws evolved from the tribes and clans. The combination and unification of different tribes and clans in a state transformed these tribal laws into national laws. Solidarity and security were the two major factors, kept in mind during the adoption of tribal laws. It was not before the end of 18 th century when legal structures were raised on the foundations of scientific and philosophical ideologies. The basis of these scientific and philosophical ideologies is the principle of justice, equity, compassion and universal humanitarianism. It is thus admitted that there is hardly any consistency between the past and present and, it is not possible to foresee what shape it is going to take in the future