Family Of Law Case Study

833 Words 4 Pages
The two most common families of law are the Romano-Germanic (civil law) and the Anglo-American (common law). Most recently another family of law, Islamic or Shari’a (religious), has become equally important in the world as the Muslim population has grown. The legal systems of states under each of these families can differ from country to country. This is due to different languages, history, religious beliefs, ethics and various other cultural differences.
The Romano-Germanic Civil Law System is the “…oldest and most influential legal family…commonly called civil law” (August, Mayer & Bixby, p. 45). This family of law was formed in 450 B.C. when Rome adopted the Twelve Tables which were the original code of laws that all Romans were held
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48). Also known merely as “Common Law”, the law is “…based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages” (Encyclopædia Britannica, 2015). There are no distinct set of rules or statues in common law instead the system relies on precedent. The system, over the years, has evolved into the current legal system in both the United States and the Commonwealth of Nations (British). The current jury system, where 12 peers decide the case and the judge imposes sentence, is common …show more content…
Islam means "surrender" or "submission," and “...was founded on the teachings of the Prophet Muhammad as an expression of surrender to the will of Allah, the creator and sustainer of the world” (patheos.com, 2015). Shari’a Law is based on four sources which are: The Koran, Sunna teachings and traditions of Muhammad, Islamic scholar’s writings and the legal community consensus (August, Mayer & Bixby, p. 49). Shari’a law was not a “code” but rather religious and legal rules that have evolved over 1000 years. The Islamic Law system omits the ability for judges to use their own reasoning in reaching a decision. Instead the traditional methodology of Islamic Law must be followed. Due to this, the system is distinctly outdated compared to other, more modern, legal families. There has been a call to allow reasoning, ijtihad, into Shari’a Law but this is opposed by those who are traditional followers. The system is based on morals and ethics which, although distinctly different in its incorporation of religion, is very similar to both common and civil

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