Cross Disciplinary Review of Literature on Positive Human Nature: Sharī’ah (Islamic Law), Literary and Psychological Perspective (A way towards Effective Legal Ethics in Islamic Law)

Abstract

Human nature and its impact on a strong legal system has been one of the most debated topics of human history – both ancient and contemporary. The debate has, consequently, brought forth that every major area of knowledge, unanimously, agrees on its contents; there are, however, marked differences among scholars and jurists over its true nature. Those interested in the topic, can, however, form, without much ado, a comparatively compact yet fairly defined view of human nature by finding the most authentic and logical discussion in Sharī’ah, literature and psychology. The positive view, like in many other domains of knowledge, firmly holds the forefront against negativistic, neutralist and dualistic concepts. The present work, primarily, aims at investigating the three major domains (Sharī’ah, literature and psychology) in order to ascertain the positive concept of human nature. The findings, deeply grounded in logic, suggest that man should put in his best to reinforce his potentials for good against negativity and evil in himself. Moreover, it is found that Islamic law has a broad accommodation for legal eti The study, at a deeper plane, proposes that human nature is more positive and, therefore, should be promoted by every jurists, writer and psychologist to further strengthen the good in man. Such good in man can give birth to strong legal ethics. If properly promulgated, the findings can lead to a peaceful and upright society, firmly rooted in positivity – and this fact would lead to an effective legal system. The technique used herein is the content analysis, a research tool widely practiced in the qualitative research methodology, appropriate for such inquiries.