Fixed moral universals regulate and restrain changeable legal norms

Evidence

The implication being that, while the general moral norms, or “moral universals,” are fixed and thus cannot be changed, the legal norms, which must necessarily occupy a second and subservient rank, can be modified in accordance with the demands of place and time. Here, a constant dialectic exists between the demands of the moral universals and those of life and legally regulated acts. And it is here that Ought continuously regulates and restrains the Is. — Wael Hallaq, Restating Orientalism, 658

Categorization

• DEFINE: Core Shariʿa hierarchy: immutable moral universals govern subordinate legal norms mutable to time and place.
• XREF: The Ought/Is dialectic echoes the moral-law versus positive-law distinction in Western jurisprudence (e.g. Aquinas, Fuller). — connects to: Norms of proper judicial conduct vary across courts and over time — G. Alan Tarr, Judicial Process and Judicial…, 2610; The common law adapts to social and economic change — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311; Codified law ages while human circumstances change continuously — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4655 (+1 more)