The Administration of Justice Under The Shariah, Common Law and Civil Law System
The topic for this year's lecture is "Administration of Justice under the Shariah, Common Law and Civil Law Systems: Towards a Better Understanding". This topic is not only of high academic importance but is also of great practical significance, because these three legal systems ar...
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| Format: | Article |
| Language: | English |
| Published: |
Universiti Sains Islam Malaysia
2012
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| Subjects: | |
| Online Access: | http://ddms.usim.edu.my/handle/123456789/5627 |
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| Summary: | The topic for this year's lecture is "Administration of Justice under the
Shariah, Common Law and Civil Law Systems: Towards a Better
Understanding". This topic is not only of high academic importance but is also
of great practical significance, because these three legal systems are major
legal systems2 in the world today, sometimes operating side by side, through
which justice is administered in different ways that affect the lives of millions
of people in different countries. There is usually a trend of promoting a climate
of total conflict between the Shariah system and "Western" legal systems,
which often overshadows the many areas of common ground between the three
systems, especially in relation to the administration of justice. Owing to the
necessary interaction between different legal systems in the modem world, it is
imperative that legal scholars and practitioners continue to promote a better
understanding of the different systems to encourage effective administration of
justice globally. However, the topic is also quite complex, because, even
though these three legal systems represent specific legal traditions, their details
of application are not really monolithic but varies from country to country. For
example, the details of application of the Common Law system in the United
Kingdom, differs in many ways from that of the United States of America and
countries in Africa and Asia. One would also find differences in the details of
the Civil Law system as applied in different civil law jurisdications such as
France, Germany or Italy. Similarly, there are differences in the details of
application of the Shariah, in different Muslim countries, not least of which is
the differences in the schools of jurisprudence followed in the different
countries.
This paper can, therefore, only be a general and modest contribution to
trigger further inquiry on the subject. It provides a basic but critical analysis of
the main features and historical evolution of the three legal systems and their
relevant judicial processes and institutions, highlighting areas of similarities
and differences and how the interactions between them may be harnessed for
better administration of justice from both a domestic and international
perspective |
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