of the society as a whole² If the society wants democracy± all perspectives of the community must be taken account for² There is to be a shared morality ² For Hart± he is against the idea of the despicable non½human behaviors± these disapproved conduct must be held accountable for by the law when it is staining the public’s eyes even if it is not literally harming anyone² Laws should be abide to and to safeguard the goodness of a society²
,6/$0,& $3352$&+ Malaysia poses authority on Al Quran± hadith and fatwas² In Malaysia± fatwas have been legislated² However± fatwas pose problems because they are not trans½boundary² Taken from 7he 6tar dated $ug ¼º ´»²¸ # “6Fatwa are mere advisory opinions and do not have the force of law*+ to make it a crime to challenge a fatwa is to equate the opinion of a Mufti to the infallible word of 7God*+ the legislative authority to make laws in Malaysia lies with Parliament and the state assemblies± not the fatwa committees*+ fatwa are only advisory opinions to guide a Muslim to lead a life according to Islam° They are theological and legal reasonings given in question and answer form° If at all it is binding± it is only to the questioner± certainly not binding on a whole population and certainly not a crime to disobey°” Dr Fathul Bahri exemplified how fatwas are enforced on state½to½state basis² Mere reliance on God’s literature like Quran and Hadith are insufficient as our own personal reasonings have to be used too and has to be demonstrated through mazhabs ± but the emergence of too many mazhabs pose a problem± which is which to follow²
&21&/86,21 In brief± morality is a series of rules of conduct through recognition of the common law as what is being socially accepted rather than legally accepted² With Mill’s approach± he proclaims power can be rightfully exercised over the people against his will to prevent harm to others as agreed with Hart² However± Mill mentioned a matter of private moral conduct more than necessary should not be intervened by the State and this matter is best left to individual and that the majority has no right to judge the minority on their choices² To Hart± there is a duty to obey the law where the inner morality is found² The view of law is taken as a social control and protection of the people similarly to Islamic Jurisprudence as it is originates from an absolute source such as the words of God² These judgments are supposedly in accordance with nature and reason that are eternally valid² The State should intervene with the private lives to prevent individual harming themselves which may look as it is depriving from the choices of people even though there is a need of C ertain rules that require people to behave in such manner² Devlin remains with emphasizing the public morality being the human society² Not all breaches of public morality need to be sanctioned unless its lethal or risky like the safety of the country²
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- Winter '19
- Sir Haris
- Utilitarianism, Sharia, Lord Devlin