Law and morality are distinguished by the type of punishment attached

Evidence

Where the disregard or breaking of a rule leads to punishment imposed by the state, says Safwat, there is (secular) law; where transgression is sanctioned only by punishment in the next world, there is (religious) morality. The interesting point here is not simply that law and morality are distinguished (medieval Islamic jurists made that distinction too, as we shall see in the next section), but that the distinction between “morality” and “law” can be defined in parallel ways as rules, and that their obligatory character is constituted by the punishment attached to them. — Talal Asad, Formations of the Secular, 1150

Categorization

  • QUESTION: Asad’s account of Islamic jurists distinguishing law from morality suggests the secular law/religion split is not inherently Christian — how does that reconcile with the Cooper thread’s claim of Christian grounding?
  • corroborated: 2 independent passages support this claim — Talal Asad, Formations of the Secular:…, 1150
  • XREF: connects to: Criminal law targets the poor while tort law disciplines the wealthy — Philip Mirowski, Never Let a Serious Crisis Go to Waste, 180