Common Law And Islamic Law
Stare decisis means the use of precedents when making legal decisions. This is found in common law system but not in civil and Islamic law systems (Opolot, 1980). Stare decisis allows judges to look back at past cases and make their judgment based on the outcome of the past case (Darbyshire, 2001). Stare decicis forms a precedent that is to be used from that moment forward (Opolot, 1980). In civil law system judges are not to look back at past cases to render their decisions. Civil law systems give their legislatures the power to make laws not to judges. Judges in this system makes their decisions based on legal codes, laws, and statues. Each case that a judge hears is treated as an individual incident without precedent. In the Islamic system the Qur’an, the Sunna, judicial consensus, and analogical reasoning are the basis for judges to make decisions (Vago, …show more content…
No matter what law system each country may abide by they should come together to decrease crimes around the globe. New policies should be made to help decrease globalization and stop the international crimes. If our countries ca not works together international crimes will continue to rise and justice will not be served.
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