Common Law And Islamic Law

1494 Words 6 Pages
Register to read the introduction… Civil law originated in the Roman Empire and extended to Europe (Glenn200, 119). When the empire declined so did its legal system. In the 11th to 13th centuries Rome revised the European system. The revision gave key legal codes that influenced Europe and other colonized territories (David and Brierley, 1985). Common law came from the British Isles following the military conquest of England from the Normans (Glenn 2000: Whincup, 1992). The Normans introduced the institution of jury and the absence of the written letter of the law. Common law is laws that are known widely but may not be written down just common sense laws. Stare decisis is an important feature that developed from common law. British colonies adopted the common law as the law of the land. Islamic law came about in the seventh century when Islam was born (Mourisi Badr 1978, 187). With the spread of Muslim religion so did Islamic law. It spread to the Central Asia and Middle East. Islamic law is based on religious principles of human conduct (Al-Azmeh 1988: Khadduri 1956: Lippman, McConville, and Yerushalmi, …show more content…
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.

References
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Al-Azmeh, Aziz. 1988. Islamic Law: Social and Historical Contexts. New York, NY:
Darbyshire, Penny. 2001. Eddey and Darbyshire on the English Legal System, 7th edition.
London: Sweet and Maxwell.
Glenn, Patrick H. 2000. Legal Traditions of the World: Sustainable Diversity in Law. Oxford:
Oxford University Press.
Khadduri, Majid. 1956. “Islam and the Modern Law of Nations.” American Journal of
International Law, 50(2): 358-372.
Lippman, Matthew, Sean McConville, and Mordechai Yerushalmi. 1988. Islamic Criminal
Opolot, James S.E. 1980. An Analysis of World Legal Traditions. Jonesboro, TN: Pilgrimage
Press.
Powell, Emilia Justyna. 2006. “Conflict, Cooperation, and the Legal Systems of the World.”Doctoral Dissertation, Florida State

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