LEGAL SYSTEMS
DIFFERENCES AND SIMILARITIES BETWEEN CIVIL LEGAL SYSTEMS AND ISLAMIC LEGAL SYSTEMS
ESSAY INSTRUCTIONS:
Over the past two modules/weeks you have examined two different legal systems: Civil and Islamic. The Civil legal system focuses on the individual while Islamic legal system focuses on the revelation. At first glance, these two systems may seem vastly different. However, there are some similarities. In this essay, explain 3 areas where these two systems are similar.
Your essay must be 5–6 pages in current Bluebook format and contain at least 5 scholarly sources in addition to the course textbook and the Bible.
This is the course textbook:
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014). ISBN: 9780199669837.
Sample solution
However, despite these similarities, the civil and Islamic legal systems differ in their underlying principles and sources of authority. Civil law is primarily based on written laws, precedents, and judicial decisions. In contrast, Islamic law is derived from the Quran, the Hadith, and other Islamic texts.
In addition, the civil legal system is often secular in nature and separate from religion, whereas the Islamic legal system is inherently intertwined with religion and the teachings of Islam. This means that the Islamic legal system often incorporates religious principles and values into its laws and practices.
Furthermore, the civil legal system typically emphasizes individual rights and freedoms, whereas the Islamic legal system places a greater emphasis on the collective good of the community. This can be seen in the concept of “maqasid al-Shariah,” which refers to the objectives or purposes of Islamic law, such as the preservation of life, religion, family, property, and intellect.
Despite these differences, both legal systems aim to promote justice and fairness in their respective communities. They seek to maintain order and stability by providing a framework for resolving disputes and ensuring that individuals are held accountable for their actions. Ultimately, the effectiveness of any legal system depends on its ability to meet the needs and expectations of the community it serves.
