PHILOSOPHY OF LEGISLATION IN AL-FĀRĀBĪ'S VIEW BASED ON KITĀB AL-MILLAH AND SIYĀSAT AL-MADANĪYAH

Abstract

The main issue in this paper is whether it is possible to derive a coherent system of legislation in Fārābi's philosophy or not? This paper argues that the issue of legislation in Fārābī's philosophy is obvious, and the topic of legislation was discussed in Fārābī's philosophy coherently. The meaning of coherence is that the need for law, the sources of law, the method of legislation, and the purpose of legislation can be extracted in Fārābī's view. Fārābī's theories in these four axes are philosophy of legislation. In addition, this research paper aims to discuss and examine these four axes, which will ultimately lead to the presentation of the philosophy of legislation. All of these four axes are found in two of Fārābī's books. First, Kitāb al-Millah, and second, Siyāsat al-Madanīyah. Furthermore, in the sources of law, the theory of natural law, in the method of legislation, the theory of aristocracy, and in the purpose of legislation, the theory of happiness can be inferred. In doing so, the philosophy of legislation in Fārābī's point of view is based on the natural law and innate nature (FiÏrah) for achieving happiness, and it is codified by someone wise. The main goal of the study is to accurately understand Al-Farabi's philosophical and social foundations to extract his legal theory as an approach to the philosophy of law with descriptive-analytical methods. This study fills a gap by systematizing Fārābī’s legislative philosophy into four axes.