Criticism of positive laws and the presentation of Islamic alternatives in the thought of the martyr Sayyid Muhammad al-Sadr

Abstract

 In an important aspect of life, representing human security and the difference that distinguishes a civilized society from the law of the jungle, the forces of right and wrong, justice and injustice, personal interests and public interests clash in a sacred arena called rights and law. Two types of legislation emerge in this context, with the first being the positive source, which is codified by man, relying on his reason, experience, and experiments, tainted by his whims. And his morals, interests, shortcomings and negligence, and the second is the legal one that God Almighty, who is described as having absolute knowledge, justice and wealth, has legislated, and with which He sent His prophets and messengers, and humanity, by its inclination to its desires and following its whims, has followed the positive and has avoided the legal one until it has become a prisoner of theory, longing for the freedom of application and realism. And the martyred Sayyid al-Sadr, as other men of Islam and its thinkers, have taken it upon themselves to criticize the positive and call for Legal, and the researcher found the importance of extrapolating that criticism and collecting the most important alternatives in Islamic laws written in the heritage of the jurist and thinker, the martyr Sayyid al-Sadr, may God be pleased with him. The research included three discussions preceded by this summary and introduction, and attached to a conclusion and the most important results.