The Islamic legal system, consisting of Sharia (Islamic law) and fiqh (Islamic jurisprudence), is the most widespread religious legal system and, along with common law and civil law, one of the three most common legal systems in the world. [22] It is based both on divine law derived from the hadith of the Qur`an and Sunnah, and on the decisions of ulema (jurists), who use the methods of ijma (consensus), qiyas (analogous deduction), ijtihad (research) and urf (common practice) to derive fatwā (legal advice). An ulema had to qualify for an ijazah (Doctor of Laws) in a madrasa (law school or college) before he could issue a fatwah. [23] During the Islamic Golden Age, classical Islamic law may have influenced the development of common law[6] and several civil law institutions. [24] Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, although most countries use Sharia law only as a complement to national legislation. It can concern all aspects of civil law, including property rights, contracts and public law. The first group includes countries whose “mixed” system is influenced by both civil and common law. The old uncodified civil law of Holland is the basis of the Roman-Dutch law of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and Sri Lanka; it is characterized by a rich legal literature dating back to Hugo Grotius (de Groot) in the 17th century. But their long contacts with Britain mean that their public law and legal proceedings owe much to the common law.
With regard to the theory of “sources of law” in the Guatemalan legal system, the “Ley del Organismo Judicial” recognizes “law” as the main source of law (within the meaning of legal texts), but also establishes “jurisprudence” as a complementary source. Although case law technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of “legal doctrine”, which is a qualified set of identical solutions in similar cases handed down by higher courts (the Constitutional Court as the “Tribunal de Amparo” and the Supreme Court as the “Tribunal de Casación”). whose theses become binding on subordinate courts. Create your legal strategy and do important work with authoritative primary law, analysis, advice, court records and validation tools. Positivism has its limits and its criticisms. New Testament readers may recall that King Herod, fearing the birth of a Messiah, issued a decree that all male children under a certain age were to be killed. Because it was the order of a sovereign, the decree was executed (or, in legalese, the decree was “executed”). Suppose a group seizes power in a certain place and orders that women cannot go to school and can only receive medical treatment from women, even though their condition is life-threatening and women doctors are rare.
Let us also suppose that this commandment is carried out simply because it is the law and is carried out with all its might. The people who live there will undoubtedly question the wisdom, justice or goodness of such a law, but it is nevertheless a law and is generally enforced. To avoid the effects of the law, a citizen would have to flee the country completely. During the Taliban regime in Afghanistan, where this example comes from, many fled. The school of thought of natural law emphasizes that law must be based on a universal moral order. Natural law was “discovered” by man through the use of reason and by choosing between good and evil. Here is the definition of natural law according to the Cambridge Dictionary of Philosophy: “Natural law, also called natural law in moral and political philosophy, is an objective norm or set of objective norms governing human behavior, similar to the positive laws of a human ruler, but equally binding on all human beings and generally understood to involve a superhuman legislator.” Cambridge Dictionary of Philosophy, s.v. “Natural Law”. Civil law is mainly opposed to common law, the legal system first developed in England and later among the English-speaking peoples of the world.
Despite their differences, the two systems are very similar from a historical point of view. Both developed in the same way, but at different speeds. The Roman law underlying civil law developed mainly from customary law, which was refined with case law and legislation. Canon law has further refined the judicial process. Similarly, English law has evolved from Anglo-Saxon customary law, Danish law and Norman law, which has been refined by case law and legislation. The differences relate to the business side of your legal activities with solutions to manage, track and analyze business, finance, critical processes, relationships and deliverables.