Essay 2.docx - 1 Bradford Jacquary Prof Sweazey JURI 510...

This preview shows page 1 - 3 out of 7 pages.

1 Bradford, Jacquary 10/18/2020 Prof. Sweazey JURI 510 Essay 2 What Do We Share? What is Islamic Law Islamic legal tradition otherwise known as Sharia law is the religious ideals of Islam, but it is recognized more for its laws. Sharia law is seen as commanded by God to Muslims and anyone who decides to follow these laws and ideals. Sharia means “the path leading to the watering place” ( Ahmed El Shamsy, Shariah | Definition, History, & Examples Encyclopedia Britannica (2020). Sharia can be broadly referred to as ‘the Muslim way of life’ in which encompasses both ‘law’ and ‘non–law’ matters but it also includes, in particular, rules on the correct way to worship God and the religious duties of Muslims. Shari’s can also be used to refer to the primary sources of Islam, the Qur’an, and the Sunnah . Jurisprudence One similarity of Islamic and Civil legal systems is that they both have a form of jurisprudence in which there is a human interpretation of a law. It helps them better understand the true intentions of the law and help the people that are under those laws understand them and easier for them to apply them in their everyday lives. The lawyer and judges can use jurisprudence as a guide to correctly interpret certain laws that require interpretation. In Civil legal System was meant to change very frequently because they knew that they were not going to be able to take into account every circumstance, so they left up to future generations to apply these principles into modern times. You probably heard the term
2 “Spirit of law” in which it is applied in every interpretation that courts make. (Paolo Carozza, Civil law - The French system Encyclopedia Britannica (2019). Because you can tie Civil legal tradition being an interpretation of the law of nature and Christian Principles. One reason why a statute may need to be interpreted is due to complex wording within the legislation. At the time of drafting, legislation may have been rushed through parliament to meet a dire need and as such, wording that is used may have been unclear, broad, or ambiguous. As such, when a dispute appears before the courts, judges are given the responsibility of interpreting what context the words should be given and what can be deemed reasonable. Civil law also has this term called Jurisprudence constant which is a French term meaning “stable Jurisprudence” which is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture