Existential Origination of Natural Law in Tomas Aquina's and Primordial Law in Imami's Jurisprudents Perspectives

One of the important issues of philosophy of law is recognition of juridical rules. Many schools have come into existence to realize and figure out the origin and principle of the right. One of them is natural or primordial law. The origination of the right is determination of the first point from which the right has been originated and by which the validity of the right should be recognized when the philosophy of law is concerned. According to divine perspective, since all creatures have been issued by God, the right, in itself, will not have validation. Principally, the rights belong to the God. Since human beings in the cosmic order, have a specific situation. Their rights will have the existential origination, if human being is considered qua itself. So this paper has proposed to explain the natural law from Aquinas and religious primordial law viewpoint as regarded by Imami’s jurisprudent. Additionally, the main question is the relations between existential worlds and the rights are grasped by the human reason. One of achievement of the research is that in both perspectives primordial and natural right have been considered with the existential root which is divine omniscience. As a matter of fact, there are some differences between them which are rooted in the differences between Islam and Christianity, unless in the divine centric perspective the natural or primordial law must be rooted in an existential and realistic thing and it must not merely be derivative.