Servant Of The Light.

What is Natural Law?

DE JURE SOLUM ET NATURALE: An Ancient law maxim literally meaning "concerning (the) jurisprudence of (the) land and nature".

Natural Law is defined by Burlamaqui to be: “A rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never be preserved. These are called natural laws because knowledge of them may be attained merely by the light of reason, from the fact of their essential agreeableness with the constitution of human nature.”

When no explicit reference is made to natural law, or the law of the land, soil or nature; being natural law, or you have not made written acknowledgement of all your inalienable rights, then the fictions of law adumbrate those rights and state you have waived your inalienable rights, even though it is an impossibility to do so in reality, they apply a fiction, and so you are seen to consent to Roman commercial Law, and therefore the fictions of the Holy See are assumed to apply, in which the land becomes "under the SEE (Sea)" and living men and women may be unnaturally treated as FICTIONS, becoming chattel and slaves both physical and economic, and are subject to inspection and judgement by sworn representatives of the accumulated wealth elite.

The Roman system of Admiralty or Maritime legislation placed upon the law of the land, assigns all, as make-believe ships at sea (incorporeal bodies), in a court they are held in dock which is a space in a commercial court where prisoner’s vessels are harboured when brought for trial, used for the reception of vessels in the taking on or discharging of their cargoes. As the vessel is the flesh and bone man/woman and the prisoner is the straw man (birth certificate), the prisoner is the incorporeal body of that fiction, the incorporeal fiction is bound by fictions being the creation of fiction; the fiction tricks them into consenting to be responsible for the straw man and entering the world of the fiction, being the policy of the corporation, known as legislation. The natural law protects and binds the flesh and blood man, and therefore no fiction can attach to them without their consent.

True Sharia Law is Natural law, the foundation of which is ‘A Duty of Care’.

Islam has a foundation of No Compulsion, this applies within a framework of conceptual conditions, but these conditions are simply examples of the two laws. This is the second society model: Natural Law, and is linked inexorably with the first model explained, allodial ownership, this being a foundation of Natural law.

Lawful = Natural Law Legal = Legislation

Legislation cannot change Natural law!

Natural Law nullifies Legislative law that contradicts Natural law.

No State – Nation – Sovereign or Corporation is recognised under Natural Law, only the individual is recognised!

There are two fundamental Natural laws:

·         Do all you have agreed to do.

·         Do not encroach on other living human beings or their property.

"Do all you have agreed to do" is the basis for contract law.

"Do not encroach... " is the basis for criminal law and tort law.

A "tort": is harm done to someone.

Encroach: "To enter by gradual steps or stealth into the possessions or rights of another; to trespass or intrude. To gain or intrude unlawfully upon the lands, property, or authority of another."(Black's Law Dictionary)

Therefore "sovereign government" is simply Natural law turned upside-down.

All Sovereign Government make the people slaves.

“The Dichotomy of the Freeman or the Slave.”

This dictum dates back at least 1,400 years in Western civilization and legal tradition:

OMNES HOMINES AUT LIBERI SUNT AUT SERVI.

All men are freemen or slaves.

This Latin dictum declares you must be either a "freeman" or a "slave." Mutually exclusive categories. No middle ground. If you're not one, you must be the other. (Inst. 1, 3, pr.; Fleta, 1. 1, c. 1, Sect. 2." On page 1238 of Black's Law Dictionary (Revised 4th Edition) )

Free:

"Not subject to legal (legislated) constraint of another. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Used in this sense as opposed to 'slave'... Enjoying full civic rights... " (Blacks Law Dictionary)

Most fundamentally, these are the rights to own property, to engage in voluntary exchange, and the sanctity of contract. These are also basic Natural law rights.

In property:

Freeman: An allodial proprietor or freeholder has an inalienable right to property.

Slave: Someone whose property is subject to property tax is a vassal or feudal tenant.

Freeman in models of Law:

·         In Roman law, it denoted one who was either born free or emancipated, and was the opposite of 'slave.'

·         In feudal law, it designated an allodial proprietor, as distinguished from a vassal or feudal tenant.

·         In old English law, the word described a freeholder or tenant by free services; one who was not a villein (slave of a feudal lord).

·         In modern legal phraseology, it is the appellation (name) of a member of a city or borough having the right of suffrage, or a member of any municipal corporation invested with full civic right."

Slave:

Human Slavery- The state of subjugation and control held upon you, of a master owning the fruits of your severe toils, and drudgery in exchange for the ‘benefits’ you receive from your disadvantage.

"A human being who is wholly subject to the will of another; one who has no freedom of action, but whose physical body and services are wholly under the control of another... One who is under the power of a master, and who belongs to him; so that the master may sell and dispose of his person, of his industry, and of his labour, without his being able to do anything, have anything, or acquire anything, but what must belong to his master... "(Blacks Law Dictionary)

Common/Natural Law defined in context of the 13^th century.

1.      Ancient: no man can remember the beginning of it.

2.      Continuous: the rights claimed under it have never been abandoned or interrupted.

3.      Peaceable: supported by the common consent of those using custom.

4.      Reasonable: in the light of 'lawfully defined' reason.

5.      Certain: in the sense of being ascertainable.

6.      Compulsory: it is not left to the option of every man whether he will obey it or not.

7.      Consistent: for one custom cannot contradict another custom without producing an absurdity.

(Blackstone, Commentaries, I, 53-54)

The Legal Profession have a deeply ingrained reluctance to define Natural law, as to do so would remove all fictions of legislation, and set law above privilege.

“to set the judicial power above that of the legislature. . . . . would be subversive of all government.”(Blackstone, Commentaries, I, 90)

What Natural law is not:

"Natural law is not a written code.

Common nor Natural law is not the law of special groups or interests.

Natural law is not local custom, whatever 'smacks of a speciality' is not Natural law.

Common nor Natural law is not the body of rules called 'Equity'.”

(Origins of The Common Law – Arthur R Hogue – Bloomington: Indiana University press, 1966. p.187)

The Natural law as practised before the Roman Catholic conquest of Britain of 1066.

The law system of Mercia under Rex Offa, was completely free of any influence of Roman law, it was based on the original laws of the ancient tribes that settled Britain, those that migrated over from the Continent, already possessing an elaborate and developed legal system.

The system of surety was known by a few names in the many regions of Albion (Great Britain), we are going to examine Borh, this was the legal system of Albion (replaced in general from 1066 by the Frankpledge) and had 6 concepts as its foundation:

1.    A predominant concern for individual rights and private and allodial property;

2.    Laws enforced by victims backed by reciprocal agreements;
standard adjudicative procedures established to avoid violence;

3.    Offences treated as torts (meaning wrongful acts) punishable by economic restitution;

4.    Strong incentives for the guilty to yield to prescribed punishment due to the threat of social ostracism;

5.    Legal change (confined within Natural law) via an evolutionary process of developing customs and norms.

Each region of Albion had slight variations on the theme, but all followed the same basic structure.

Under the borh system a set of ten to twelve individuals, defined at first by kinship but later by contractual agreement, would form a group to pledge surety for the good behaviour of its members. The group would back up this pledge by paying the fines of its members if they were found guilty of violating customary law. A surety group thus had strong financial incentives to police its members and exclude those who persistently engaged in criminal behaviour.

Exclusion served as a powerful sanction: " Every human being either had sureties and pledge associates or one would not be able to function beyond one's own land, as no one would deal with one who had no bond or who could not get anyone to pledge their surety to them."

In the establishing of an Islamic Natural law model, a surety group structure would be the first step, bonding yourself as a commitment to human beings you trusted and who trusted you, under written contract, witnessed and recorded.

The courts, called moots, were public assemblies of common men and neighbours. The moots did not expend their efforts on creating or codifying the law. The outcome of a dispute turned entirely on the facts of the case, which were usually established through ritual oath-giving. The disputants first swore to their accusations and denials. Each party then called on oath helpers (including members of their surety groups) to back up these claims with oaths of their own.

A local Islamic community moot court could be established based upon the two Natural laws, without judges or lawyers, a sovereign free system, twelve peers (randomly selected) listen to the facts of the case and weigh the evidence and the witness statements, drawing a conclusion and verdict through investigation and deliberation.

Borh law had no category for crimes against the state or against society -- it recognized only crimes against individuals, the fiction of the person, a citizen, a commoner, a subject or a slave were not recognised, only a human being, a system without the concept of a slave, the Christians constructed many 'legal' fictions to inflict slavery on the population, none of which are 'lawful'. The Roman Catholics have corrupted taught history to convince the masses that humanity has always suffered sovereign models of control, we are all taught to function within sovereign systems and under sovereign conceptual models, never considering any alternative has ever existed or could ever exist.

As in other customary law systems, the moots typically demanded that criminals pay restitution or compensation to their victims -- or else face the hazards of outlawry and blood-feud. Murderers owed wergeld (literally, " man-money" ) to their victims' kin. Lesser criminals owed their victims lesser fines, elaborately graded according to the victim's status and the importance of the limb, hand, digit, fingertip, etc., that had been lost. In recognition of the importance of private property, heavier penalties were also imposed for crimes occurring in or about the home, the most serious being hamesucken, i.e. smashing up someone's house. This emphasis on the home reflected Borh law's concern with protecting property rights, including the notion of a protected private space.

The idea of a convicted murderer paying for the life of their victim to the victims family, is interesting, and the payment could be exchanged for the life of the murderer, however if someone has killed two victims, they would have to pay for two lives, three victims, paying for three lives etc., when it would only cost one life to have the murderer forfeit their own life, this means the families of the victims would share the payment for the lives, and if the murderer had not the assets to fulfill their obligations the surety group they are under contract to, would have to stand the burden.

The concept of a Rex (meaning 'to put right').

Men served a Rex voluntarily. A Rex had to offer battle gear, food, and plunder to get others to follow him into battle, more importantly, they volunteered to champion the cause of the weak -- for a fee.

Weak victims sometimes found it difficult to convince their much stronger offenders to appear before the court. Rex's balanced the scales by backing the claims of such plaintiffs. This forced brazen defendants to face the court, where they faced the usual fines plus (if requiring to be forcibly summoned) a surcharge that went to the Rex as payment for his services.

This surcharge, called wite, made enforcing the law a profitable business for the Rex. This has passed down to the present day, the court issue, court writs, warrants, prerogatives, and subpoenas, which are all forms of writ.

Say Bill thinks Jim has robbed him, Bill goes to the local moot court, they issue him a writ, stating the grievance, the restitution demanded, and the details of both parties involved, with a court date to appear to establish the claim.

Bill finds Jim and presents the writ to him, he has three choices. He can settle the writ on the spot by paying the restitution demanded, he can take the writ and appear in court on the date and time dictated, or he can refuse to accept the writ at all.

If he refuses to accept the writ Bill takes the writ to a Rex, he can use anyone he wants as a Rex, however people will establish this as a job, the Rex accepts the writ and by force presents the defendant in court on the date stated.

Jim could still win the case, proving that Bill was a liar; however Jim would still have to pay the cost of the service of the Rex, for forcing him to appear in court. Of course it maybe an idea to have the Rex a community service, so employed through the acceptance of the group.

The Writ passing down from antiquity, still mimics the old model, the writ is handed to the party accused of a crime, the writ has the crime and what was demanded in restitution, if the recipient fails to show up at court after the writ was given and served, then the police in the modern world, or in the ancient world the Rex, would execute the writ, this has been reversed in its present form, so the court issue the writ authorised by the king or Queen, as opposed to the authorising of the Rex through the writ from the victims authority.

The Rex occupation was not the Christian King sovereign model as practised within the Christianised European tribes, it had no authority to establish a corporate state, nation or crown, it was simply a function of the courts, to establish justice, so 'to put right' injustice.

Modern Sharia Law.

Sharia means "way" or "path to the water source"; it is presented, in its contemporary form, as been the system of laws expressed within the Qur’an, when in truth it is the laws expressed in the old and new testament of the Jewish and Christian contrived books of religious sovereign control, and most shamefully on the unmitigated conjecture of Hadith (Hadith: un-provable opinion of hearsay).

This is compounded with misrepresentations, and incorporated into Sharia using the idea of Fiqh, (fiqh is an Arabic term meaning "deep understanding" or "full comprehension"), which is Islamic jurisprudence. Fiqh, in its present form, is an unjustified expansion of the Sharia Islamic law—based directly on rulings/interpretations of Islamic jurists (erroneous legal (legislation) experts), largely based on Hadith.

This misunderstanding is further compounded, with the addition of a strange idea of fiqh that deals with the observance of artificial rituals, and unjustified social legislation. I say unjustified as the true Sharia Law of the Qur’an, is only concerned with the purging of action of each individual that negatively impact on those around them, something that is absolutely disregarded in the existing system, resulting in the reality of the world today, filled with usury and subjugated minds, actively following sovereigns without reason, and failing to see the light, and truth of Islam.

Natural law within the Qur'an.

The historian Ibn Khaldun describes fiqh as "knowledge of the rules of Allah (not God, The Creator), which concern the actions of living human beings who own themselves (free of sovereignty), bound to obey the law (Qur‘anic), respecting what is required (by the Qur‘an, not by a contrived religion of men) (Waiib), forbidden (Haraam), recommended (Mandub), disapproved (Makruh) or merely permitted (Mubah)".

Firstly I will express an aspect of understanding the Qur’an, if a verse of the Qur’an states a concept or principle, that concept or principle applies to every single verse of the Qur‘an, throughout the entire Qur’an, it never changes, it never reduces or increases in relevance, it is a constant understanding.

For example:

There shall be NO COMPULSION in the Deen. The right course has become clear from the wrong. So whoever disbelieves in taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is hearing and knowing. (Surah 2 - 256)

So the concepts and principles in this verse can be applied to every other verse, meaning in Islam there is no Compulsion to perform any ritual, or social mandate, cultural doctrine, religious dogma, or sovereign dictate; to shape Sharia law to enforce these none Qur’anic values of compulsion, enforcing practices and obligations as Law, is in itself a crime, and demonstrates the true lack of knowledge of Islamic law, now used, originating from the minds of ignorant men, not the wisdom of the Qur‘an.

You are directed not to follow or accept, as true or worthwhile, anything Taghut: meaning: superstitious beliefs, false objects of worship, idols, heavenly bodies (such as the moon or the sun, previously worshipped), spirits (such as the devil as a personification, Jinn as physically manifest fire creatures), human beings (as sovereigns, such as heads of states, Kings and Queens, religious hierarchies, pop stars, movie stars, mystics, yogis, etc. ).

Qur'anic Law is Natural Law.

If you apply the two laws of Natural law to the guidance of the Qur'an, it will make simple and clear the true Sharia Laws of Allah.

Do all you have agreed to do.

Do not encroach on other living human beings or their property.

Some examples:

FOOD.

Some food is expressed in the Qur’an as forbidden, such as:

carrion, blood and swine flesh, and animals dedicated to Gods, or idols

These are the criteria of the crime, the parameters that are unacceptable, things detrimental to health.

But this is not a law of Sharia that would repress the law of no compulsion, as an independent act, it has little effect on those around you, it damages your own body and mind, so to eat these things of your own free will is not a crime against the community at any level, only yourself, a crime without relevance to Sharia Law. In addition if you have no other options but to eat tainted or prohibited food, Allah (The Single consciousness) only judges intention, so no fault is found. It is an act of Makruh, a disliked or offensive act (literally "hated"), though it is not haraam on a level of individual action that affects no other, however under the rules of Natural law:

If you physically insist/force others to eat the prohibited or contaminated food against their will, this is a crime. (You encroach upon another)

If you actively encourage with peer pressure or intimidation, another to eat prohibited or contaminated food against their better judgement. (You encroach upon another)

If you deceive them into eating something they would refuse if they knew what they were consuming, while knowingly feeding them unacceptable foods. (You encroach upon another)

To intentionally decrease the amount of available food, by damaging or controlling the environment around or within the community, to maintain high prices, starve the people, oppress and dominate others. (You encroach upon another)

To intentionally contaminate the food, with pesticides, herbicides, GM crops, etc., in its production, upon attempting to supply these contaminated foods for human consumption. (You encroach upon another)

These crimes within Natural law are very common in the world today, poisons are intentionally introduced, pervasive and escalating in the food chain, the food is tainted, this is a crime of Sharia (path to the water source: meaning the way to sustain and make fertile, a natural fruitful way) law, but a crime ignored by religious men who are blinded by their religion and love to judge and subjugate others, without authority.

Adultery.

24:3 The adulterer couples with none but an adulteress who worships her desires. And with the adulteress none couples but the adulterer who worships his desires. And it is forbidden to the believers.

25:68 Those who call on no deities along with Allah. Nor take a life that Allah has forbidden except in the course of justice (through a court of law). Nor do they commit adultery; and whoever does this, drags down one’s own humanity.

17:32 Do not come close to adultery, for, it is an abomination and an evil way.

There is no physical punishment for adultery, only social, they are banished from holding a contract of marriage with a virtuous human being, have broken a Natural law, 'Do all you have agreed to do.', and can only contract with a human being under the same restriction. Having broken a signed contract witnessed, they would be required to reimburse the injured party or be subject to the Natural law court system.

Murder:

2:178 O You who have chosen to be graced with belief! The law of Just Recompense (Qisaas) has been prescribed for you in dealing with murder. If a free living human being has committed murder, that free living human being will face the law. If a servant has committed murder, that servant will face the law. And if a woman has committed murder, that woman will face the law. If the victim’s kin pardons the guilty, the murderer must be appreciative and pay an equitable compensation to the kin in handsome gratitude. This pardon is a concession and mercy from your Lord. Whoever, after this, trespasses this law will have an awful doom in the Court of Allah.

Just as practised within the ancient past, the victims kin is given a choice, equitable compensation or the execution of the criminal, murder is the ultimate encroachment upon another living human being.

Land Rights.

Allah - there is no deity (God) except Not God, the Ever-Living, the Sustainer of (all) existence. Neither drowsiness overtakes Allah nor sleep. To him belongs whatever is in the heavens and whatever is on the Earth. Who is it that can intercede with Allah except by Allah’s permission? Allah knows what is before them and what is after them, and they encompass not a thing of Allah’s knowledge except for what Allah wills. Allah’s Kursl (chair or footstool) extends over the heavens and the Earth, and their preservation tires Allah not. And Allah (Not God) is the Most High, the Most Great. (Surah 2:255)

Within the Qur’an Allah present the concept of allodial land, by explaining exactly who is the owner of every planetary body, by stating whatever is in the heavens, this would include the Earth, Allah continues, establishing who is the owner of whatever is on the Earth, this establishes the concept of allodial land rights, and allodial mineral and food rights, to understand this concept further please read, ‘Allodial Earth: http://servantofthelight.com/content/view/68/98/

Theft.

The male thief, and the female thief, you shall cut their (three or more) hands as a punishment for their crime, and to serve as a deterrent from Allah (Not God). Allah ( Not God) is Almighty, Wise. (5:38)

[5:39]   If one repents after committing this crime, and reforms, Allah (Not God) redeems them. Allah (Not God) is Forgiver, Most Merciful.

To further understand this concept please read, ‘Theft and punishment’, the link: http://servantofthelight.com/content/view/72/102/

Within the framework of Natural law Allah has explained the more difficult aspects to make clear what is acceptable and what is not.

Usury.

Definition: 'The premeditated theft of the fruits of someone's labour.'

Many are confused as to what usury is, and what usury is not, but it is a very simple concept only confused by one thing, the desire to gain from usury while wishing to remain a Muslim.

All the Earth is allodial, as are the fruits of the Earth, for example if I plant a field of watermelons, the watermelons are the bounty of Allah, grown from the earth and out of the seed, and from the design of Allah, but the physical labour you invested in the planting of the seed, the preparing of the land, the harvesting and marketing of the watermelons, is what you have honestly earned and deserve in reward of your labour, so when you sell the watermelon, the watermelon itself is free, as it is the bounty of Allah, but the labour it took to reach its end user and consumer must be paid by the end user and consumer.

This is in contrast to usury, if I lent you a watermelon, and expect you to repay me two watermelons in return, I have laboured in the creation of the one watermelon, but I expect a second watermelon in return for no labour, I have extorted the fruits of your labour from you, because to create the second watermelon I must labour twice as much as you laboured in the creation of just one watermelon, and surrender that labour to you in reward for no effort on your part, this is usury.

Or if I demanded 10% of your crop in exchange for insuring it against loss, so I gambled you would have a good harvest, when the odds maybe only 1% of the time a crop is lost. This is a form of usury.

The Islamic model, protecting yourself from the hardship of a crop failure is simple. A group of farmers would join together, each committing a share of their crop into the collective pot, proportionate to the size of their holdings, only if a farm failed would any burden be extracted from the collective, otherwise the insurance would cost nothing. This loss burden sharing insurance could be linked across large group collectives of farmers, so reducing the burden through scale of any potential losses.

To sell a crop of watermelons at a discounted price before you have planted the seeds, and harvested, jumping straight to market, as is now commonly practiced through the futures market, is selling something you do not have, and may never have, you may only sell what you posses, to sell a potential is a form of usury, you are selling nothing now for the fruits of someone’s labour, for a price that if you deliver in the future would be for less than you have earned.

You shall give full measure when you trade, and weigh equitably. This is better and more righteous. (Surah 17:35)

You shall give full measure when you trade; do not cheat. (Surah 26:181)

You shall weigh with an equitable scale. (Surah 26:182)

These principles can be applied to any area of commerce, for example if you sign a contract to pay a set fee for a service, irrelevant to whether that service is used or not, say a gym membership contract, but never go, yet you can not escape the contract period, this is a futures contract and a form of usury, any contract based on potential future use of service, as opposed to actual use is again not full measure for the fruits of your labour, so usury.

To understand these ideas further please read,

‘Human Energy'

‘Islamic Finance'

‘Qur’anic Caliphate'

Sovereignty.

25:26 On that Day it will become obvious to all that the Sovereignty belongs to the Most Gracious alone. Hence, a Day of distress it will be for all those who had been rejecting the Truth.

You can have absolutely no sovereign, not even, if he lived, the messenger Muhammad, could, or would be, your sovereign.

A sovereign is a person or group you surrender your decision making ability over to, for example the government decide you must pay income tax (a form of usury) and if you are subjugated you do, without any power within your mind to refuse.

Or for example a sovereign decides to go to war and you must go to war, and this form of obedience is subjugation, you are subject to the dictates and opinions of another, accepted without question or refusal.

This means as a Muslim you can have no king, no sovereign Caliph, no centralised government, no human worship, religious or intellectual, no imams, no muftis, no sheiks, no mullahs, no presidents, no prime ministers, no representatives, voted or hereditary, no outside sovereign power you exist in subjugation to, at all.

[17:36]   You shall not accept any information, unless you verify it for yourself. I have given you the hearing, the eyesight, and the brain, and you are responsible for using them.

It would be a simple task to establish all the natural law concepts within the Qur’an, and establish true justice and freedom for all, whether Muslim or none Muslim, a believer in truth or a none believer in truth, no matter the shepherds each living human being carries, justice would not only be seen to be done, without inequity, but with reason and resolution.

The establishment of a lawful system.

Under Natural law you must be contracted to a society, within the present system, when you are first born your parents register you to the state, when they sign your birth certificate, making you then within legislation of that state, and so the physical property of the state.

However you did not sign that contract, additionally you were not of an age where you were mentally competent, so could not enter into a legal contract that would be binding.

The first stage in the establishment of an Islamic community would be the establishment of the Islamic contract of the societal model, the basic foundations of society held accountable to the two rules of Natural law and the stipulations within the Qur'an.

The original contract must first be terminated, this is done through a signed and lawfully witnessed and registered affidavit sent to the head of the state you wish to remove yourself from, you must give them 40 days to respond, and then send a concluding affidavit to confirm your status.