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Divine command ethics vs. natural law theories

Divine command ethics rests on the assumption that the foundations of morality are divine commands that are usually expressed in the imperative form of speech in a religious text.

However, whether the imperative form of speech indicates obligation, recommendation or permission was an issue that sparked a good deal of discussion among early Muslim scholars, many of whom held the view that when a speech is uttered in a form of a command, it does not necessarily indicate that what is commanded is obligatory. Divine Command Theory is not an Islamic theory to start with, it is a theory that was named and propagated in other religious traditions, and is now popular among the philosophers who call themselves divine command theorists and who mainly belong to the Protestant branch of Christianity. It is a meta-ethical theory that interprets morality as obedience to commands. Different names are given to emphasize different aspects of the same theory. It is sometimes called ‘ethical volun­tarism’, ‘theological voluntarism’ or ‘divine subjectivism’.

Recently, John Hare, a contemporary philosopher and divine command theorist, defended the thesis that ‘what makes something morally obligatory is that God commands it, and what makes something morally wrong is that God commands us not to do it’.1 In his book God’s Command, he does not confine himself to the discussion of DCT in Christianity. Hare also dedicates a chapter for three medieval Islamic thinkers, namely al-Ash ari, Abd al-Jabbar and al-Maturidi, and a chapter for Judaism. Interestingly, he commends Jews and Muslims for holding divine law closer to the surface and says that Christians can learn from them. On the other hand, three authors — a Muslim, a Jew and a Christian — have co-authored a book2 that discusses natural law in the three monotheistic religious traditions: Islam, Judaism and Christianity.

Indeed, there are different versions of ‘Divine Command theories’ and different versions of ‘Natural Law theories’. The distinction between a DCT and an NLT is based on the assumption that the former is not necessarily compatible with common sense morality, while the latter is compatible with morality. All the proponents of DCT accept the view that morality depends on religion and that God is the ultimate basis of morality. In NLT, there seems to be a place for reason and common morality. I would say that the main difference between the two trends that are deeply rooted in all religious traditions is that believers in natural law tend to appeal to reason and common morality and to the present epistemological framework in case of disagreement. Also, they might invoke science in support of their arguments. Whereas the advocates of DCT refer mainly to the scriptures. Of course any disagreement among people who belong to different religious traditions would then be difficult to solve, as each would ap­peal to his/her own sacred text rather than common morality, which basically denotes shared moral values and principles.

In this chapter DCT is taken to denote that moral values (good and evil) have no meaning apart from divine commands and prohibitions. Divine commands constitute the ontological and the epistemological basis of morality. A clear implication of this theory is that divine commands are arbitrary and not purposeful. They define goodness and thus override any rea­sonable human moral judgement. Contemporary divine command theorists are attempting to construct theories that would avoid these implications, thus their theories are sometimes called ‘modified Divine Command Theories’.

In Christianity DCT is usually contrasted with natural law, which seems to be a concept that emerged from ancient Christian medieval contexts. Concepts taken out of context can generate misunderstanding and confusion unless they are explicated and carefully interpreted in ways that makes sense to new audiences.

Usually the proponents of natural law assert and the proponents of positive law deny the existence of a necessary connection between law and ethics. For a natural law theorist morality is essential for the validity of the law. The doctrine of natural law has been subject to waves of criticism, yet it continues to appeal to those who believe that law needs to be grounded in the moral life. The key concept of natural law is that ‘the law is something that stands apart from human beings as a part of the natural order of the universe and morality is a matter of following that law’.3

The concept of natural law has its roots in ancient Greek philosophy. There is a gen­eral agreement that the Stoics were the first to systematize the concept of natural law. For the Stoics natural law was natural conformability of human nature to the rational order of the universe as a whole.4 Cicero, a representative of Stoic philosophy, defines law as being ‘the highest reason, implanted in nature, which commands what ought to be done and for­bids the opposite’.5 It seems that Cicero traces natural law to God as the supreme law giver, or more specifically to the mind and reason of God.6

The most prominent medieval theologian associated with natural law tradition in Christi­anity is Thomas Aquinas who used Aristotle’s concept of nature in his formulation of natural law. It seems that according to both Aquinas and Aristotle nature and human nature have a purposive existence.7 Aquinas developed his own version of natural law that was compatible with Christianity. For Augustine long before Aquinas, John Scotus after Aquinas, William of Ockham and many other Christian theologians, the fall of man that followed his original sin had affected human nature, thus that nature could not provide a pattern for human laws. Absolute submission to divine will was the only rule for human beings. For the Christian theologians who are usually considered the proponents of DCT, it was the divine will rather than divine wisdom and reason that ruled the universe.8 Yet, according to Aquinas, the basic principles of natural law are self-evident, universal and with accordance with human primor­dial nature: ‘The concept of natural law influenced the concepts and the development of law, ethics, politics and political thoughts and theories of the state and philosophers throughout the middle ages up to the modern time’.9 However, modern interpretations of the theory transferred the ancient doctrine.

Modern theorists suggested that natural law originated not in heaven but in man himself. Grotius and Hobbes stand at the head of that school of natural law which tried to construct the whole edifice of law by rational deduction from a fictitious state of nature followed by a social contract.10 Hugo Grotius (d. 1645) held that the law of nature would be valid even if there were no God behind them,11 which, of course does not mean that he was not a Christian believer.

In Islam the question that is intimately related to DCT is whether revealed law estab­lishes good and evil or merely indicates it (al-shar muthabbit am mubayyin). If it is the divine commands, usually referred to as law (al-shar), that establishes what is good or evil, then no morality is perceived without revelation. Yet if commands only indicate what is good and what is evil, then good and evil exist independently and thus, in principle, could be known without revelation. The proponents of ethical voluntarism or DCT in Islam are usually considered to be the Ash'arites, whereas the proponents of an alternative of theory, which I will call ‘Common Morality Theory’ (CMT) rather than ‘objective morality’ or ‘Natu­ral Law Theory’ (NLT) are usually considered to be the Mu'tazilites.12 I prefer to call the ethical theory of the Mu' tazilites CMT rather than NLT, for two reasons. The first is that they emphasized principles that are shared with all human beings like honesty and justice and considered those principles necessarily known by every mature human being, thus they believed in common morality. Second, they established that the ultimate aim of religion and ethics is peoples’ well-being. There is no appeal to nature in a sense that one can find in medieval Christian theology, where the concept of natural law seems to be built upon an understanding of nature derived from Aristotle. So, in CMT it is not nature that acts purposefully, but human beings who have intentions, purposes or aims. Divine Command Theory was consistently maintained by al-Ash'arl and the early Ash'arites,13 though there seem to be only few Muslims who consistently adhered to the theory, accepting all its nec­essary implications.

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Source: Abou El Fadl Khaled, Ahmad Ahmad Atif, Hassan Said Fares (Eds.). Routledge Handbook of Islamic Law. Routledge,2019. — 466 p.. 2019
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