Schools of Law in Jurisprudence

Jurisprudence is the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Three primary schools of law are introduced to enable scholars of jurisprudence achieve this understanding.

NATURAL LAW

• Sources: nature and reason
• Key Features: immutable, eternal, and universal
• Proponents: Socrates, Plato, Aristotle, Aquinas, Locke 
• A philosophical and legal belief that all humans are governed by basic laws of nature.
• Based on nature as interpreted by human reason ("correct human reasoning")
• Classical Natural Law: Holds that morality is a function of human nature, and reason can discover valid moral principles by looking at the nature of humanity in society.
• Medieval/Christian Natural Law: Aquinas distinguishes four kinds of law: eternal law (laws that govern the nature of an eternal universe); natural law (the will to do good and avoid evil); human law (man-made laws); and divine law (God's law). 
• If there is a conflict between natural law and man-made law, natural law will prevail since it is the true law.

LEGAL POSITIVISM

• Sources: legislations and precedents (man-made laws)
• Key Feature: "Law is what it is, not what it ought to be" (the existence and content of law depends on social facts and not on its merits)
• Proponents: Bentham, Austin, Kelsen, Hart, Marx, Weber, Holmes, Llewellyn
• A legal belief that the only legitimate sources of law are those written rules, regulations, and principles that have been expressly enacted, adopted, or recognized by a governmental entity or political institution, including administrative, executive, legislative, and judicial bodies.
• Holds that law and morality should be separated.
• UK Positivism: laws are commands issued by the uncommanded commander, i.e. the sovereign; such commands are enforced by sanctions; and a sovereign is one who is obeyed by the majority.
• American Realism: laws do not come from books (statutes) but are based on how the real world operates; laws are the result or decision of how an official solves cases and disputes; and whatever the judges declare will become law.

SHARIAH LAW

• Sources: Al-Quran and Sunnah (primary sources); ijma', qiyas, urf', istihsan, istishab, masalih mursalah, ijtihad, istislah, fiqh (secondary sources)
• Key Feature:  the moral code and religious law of Islam
• Shariah law covers all aspects of Law covered by man-made “positive” law as well as other matters that such man-made laws do not touch upon; it is broader in scope and much more complete than any man-made code of law.
• Morality according to Al-Quran and Sunnah is the basis of shariah law
• Divided into two aspects of life: ibadah (the relationship between mankind and God) and muamalat (worldly relationship with God's creations).