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Civil Islamic Legal Traditions.docx - JURI 510 RESEARCH...

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JURI 510RESEARCH ESSAY 2THE CIVIL AND ISLAMIC LEGAL TRADITIONS AND THEIR SIMILARITIES4/17/2021The histories of the Civil Legal Tradition and the Islamic Legal Tradition have each had theirproblems, growth and adjustments with time. While both traditions have a legal aspect, they are
two separate and different traditions in how they work, their beliefs, and the basis of theirfoundation. When looking at these two very different legal traditions, there are a few similarities.Others, though, have gone on to state that the speculations of any commonality between thesetwo legal traditions, “Are no more than coincidental similar treatment of identical or similar legalproblems.”Gamal Moursi Badr,Relation to Roman Law, Islamic Law: Its Relation to Other LegalSystems."(Accessed April 12, 2021), . To understand one, oneneeds some understanding on how these two traditions came to be.Civil Legal TraditionThe Civil Legal Tradition was developed during a time when only Chthonic and Talmudic LegalTraditions were observed. Between these two traditions, other circumstances of life were reduced tothe status of non-consequential, or that of obligation. H. Patrick Glenn,Legal Traditions of the World132 (5thed. 2014). Civil law began in Rome during a time when there was a lot of internal debatebetween those of high and low rank.Id.at 134. As a peace keeping endeavor, elementary principles onhow to resolve disputes were written down on twelve tablets, and are seen as a first ‘confiscation’ oflaw by legislation.Id.at 134-35. A court system soon followed. There were issues of corruption, andthere were no set standards on how the system was to operate.Id.at 135-36.The interpretation of lawbegan with the College of Pontiff’s (the priest) who declared, “The entire idea of law as learning, inwritten form, and according to rigorous requirements of reasoning.”Id.at 136. Civil law soon becamethe law of the land in most of continental Europe and beyond, with a lasting impact that influencedwritten law and codifications with other countries outside Europe. Gamal Moursi Badr,Roman Law,Islamic Law: Its Relation to Other Legal Systems."(Accessed April 12, 2021),.
Islamic Legal TraditionThe Islamic Legal Tradition was created by the Prophet, Muhammad, who heard the voice of God, orAllah.” H. Patrick Glenn,Legal Traditions of the World180 (5thed. 2014). The creation of this legalsystem is unique as it is based on the Koran which is everything that was written down, word forword, as Muhammad revealed as God’s words spoken to him.Id.at 182. The Islamic Legal systemcan be defined as, “The legal system of God which in its application some of it involves the ability ofhuman reasoning”.Asasriwarnia, Asasriwarnia & Jandra, M.,Islamic Law Systems Sources,Comparison of Legal System: Islamic Law System, Civil Law, and Common Law (Oct. 30, 2018),.

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Term
Fall
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Tags
Law, Common Law, Islamic Law, Sharia, Islamic Legal Tradition, civil legal tradition

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