General philosophy of Islamic law (Maqāsid )and the Common Law: Some similarities and differences: Dr SLM RIFAI.

2021 ◽  
Author(s):  
RIFAI SULAIMAN LEBBE
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
General Philosophy ◽  
The Common ◽  
Similarities And Differences

scholarly journals RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Raden Aji Haqqi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
The Body ◽  
Religious Ritual ◽  
Belief Statement ◽  
The Family ◽  
The Holy Quran ◽  
The Common ◽  
Human Kind

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

scholarly journals The Inviolability of Medical Confidentiality in Malaysia: An Analysis of the Rules and Exceptions

2016 ◽  
Author(s):  
Puteri Nemie Jahn Kassim ◽  
Nazri Ramli
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
Codes Of Ethics ◽  
Hippocratic Oath ◽  
Patient Relationship ◽  
Medical Confidentiality ◽  
The Core ◽  
The Common ◽  
The Relationship ◽  
Rules And Exceptions

The duty of medical confidentiality has been one of the core duties of medical practice as information created, disclosed, acquired directly or indirectly during the doctor-patient relationship is considered confidential and requires legitimate protection. Further, preserving confidentiality on the premise that the relationship between doctor and patient has been built on trust and confidence renders the duty to be seen as sacrosanct. The source for this duty can be found not only in the Hippocratic Oath, codes of ethics, religious tenets but also in the common law, principles of equity and statutory provisions. Nevertheless, technological advancements and the growth of social networks have contributed to the difficulties in preserving confidentiality as the information gathered tends to become vulnerable in unsecure environments. However, the duty of medical confidentiality is by no means absolute as it can be breached in situations in which there are stronger conflicting duties. This article discusses the rules governing the duty of medical confidentiality and the exceptions in which infringements to this duty become justified. It also gives an overview of the duty of confidentiality under Islamic law. It concludes that the inviolability of this duty may be without doubt but circumstances warranting its disclosure are crucial to serve the interests of justice.

The Civil Law and the Common Law: Some of the Similarities and Differences between the Two Systems

1978 ◽  
Vol 6 (2) ◽  
pp. 117-133
Author(s):  
James F. Bailey
Keyword(s):  
Roman Empire ◽  
Legal System ◽  
Human Life ◽  
Common Law ◽  
History Of ◽  
The Common ◽  
Activity Behavior ◽  
Similarities And Differences ◽  
Carbon Copy ◽  
Life Behavior

Comparative law has a long history, and it has long been a tradition among legal scholars to compare one legal system with others. Even in the days when Rome ruled the so-called “known world”, there were other legal systems which existed either with the Roman Empire, side-by-side with the Roman jus civilis, or outside the Empire in the German tribes, in the Parthian Empire, among the Celts, and so forth. Law is the element which regulates and harmonizes human activity, behavior, and endeavor within any ordered society, primitive or advanced, and few if any societies could exist for long without some sort of law and legal system. Law is therefore part of the culture, the daily life, behavior, civilization, and yes, even the history of a people and their civilization. Unless a civilization or folk-group is a carbon copy of another, then it is normal to expect differences in the manner in which rights are vindicated, differences resolved, and an orderly solution found for the conflicts in human life.

European Unfairness and American Unconscionability: A Letter From a European Lawyer to American Friends

2019 ◽  
Vol 15 (2) ◽  
pp. 195-226 ◽  
Author(s):  
Anne-Lise Sibony
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Point Of View ◽  
Abuse Of Power ◽  
Consumer Contracts ◽  
The Common ◽  
Similarities And Differences ◽  
The Asymmetry ◽  
Contracting Process

Abstract The Unfair Contract Terms Directive (UCTD) and the Common Law doctrine of unconscionability in the United States both pursue the same aim: they seek to protect consumers against abuse of power by traders who are in a position to exploit the asymmetry of the contracting process. However, both sets of rules rest on different premises. In particular, they allocate trust differently between courts and markets. This accounts for deep-running differences despite apparent similarities. This contribution analyses these similarities and differences by commenting on the unconscionability doctrine as expressed in the Draft Restatement of consumer contracts from a European point of view.

scholarly journals RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE

2019 ◽  
Vol 4 (1) ◽  
pp. 284
Author(s):  
Abdurrahman Raden Aji Haqqi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
The Body ◽  
Religious Ritual ◽  
Belief Statement ◽  
The Family ◽  
The Holy Quran ◽  
The Common ◽  
Human Kind

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

scholarly journals Commercial Contracts in Muslim Countries of the Middle East: A Comparison with the United States

2009 ◽  
Vol 37 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Jacqueline McCormack
Keyword(s):  
United States ◽  
United Arab Emirates ◽  
World Wide ◽  
Islamic Law ◽  
Common Law ◽  
The United States ◽  
Legal Traditions ◽  
Muslim Countries ◽  
Trading Zones ◽  
The Common

Outside of the common law and civil law legal traditions, what is termed “Islamic law” forms one of the world's largest legal systems. There are more than one billion Muslims world-wide, and millions of those Muslims populate some of the world's richest trading zones. As of 2005, the Gulf Cooperation Council (G.C.C.), comprised of Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, and the United Arab Emirates, was the United States' fifth largest trading partner.

Transpanting the Unidroit Contract Principles into the Qatar Financial Center: a fresh paradigm for wholesale legal transplants?

2021 ◽  
Author(s):  
Ilias Bantekas
Keyword(s):  
Public Policy ◽  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Contract Law ◽  
Minor Role ◽  
Legal Transplantation ◽  
The Common ◽  
Financial Center ◽  
Economic Zones

Abstract The Qatar Financial Center (QFC) decided to adopt a set of Contract Regulations that are effectively the equivalent of its contracts statute. The QFC does not have a civil code. The Regulations are largely predicated on the Unidroit Principles of International Commercial Contracts (PICC). Even so, its drafters introduced, in addition, elements peculiar to the common law of contracts that are not found in the PICC, and the QFC Court, which is largely composed of a common law-inclined bench, has made it clear in many of its cases that common law judgments and English statutes can and will serve as authority in the interpretation of the Contract Regulations. The situation is further complicated by the fact that the Regulations are meant to apply in a broader legal system (that of Qatar), which recognizes several elements of Islamic law in the context of public policy—although generally Islamic law plays a very minor role, if at all, in the ordinary Qatari law of contracts. Despite the complexity underlying the Contract Regulations, its relevant success—to date—is firmly premised on the fact that the process of legal transplantation was not undertaken in a vacuum, but, rather, it is a ‘living instrument’ that is acceptable and, above all, useful to its stakeholders. Much like other contract law-related legal transplants taking root in other special economic zones, so too the QFC Contract Regulations represent an excellent paradigm as to how wholesale legal transplants can be undertaken.

scholarly journals Comparing the Contract Between Islamic and Indonesian Laws

2020 ◽  
Vol 1 (2) ◽  
pp. 145
Author(s):  
Atharyanshah Puneri
Keyword(s):  
Islamic Law ◽  
Contract Law ◽  
Civil Code ◽  
Crucial Element ◽  
The Common ◽  
Similarities And Differences ◽  
The Law

In the common transaction, the contract plays a crucial element made between the parties with their consent. Its importance reflects that the contract realizes the parties' agreements and the contract binds the parties mentioned in the agreements. This study aims to review the contract law by analyzing the law of contract from two different laws, which are Islamic and Indonesian laws. This study finds some similarities and differences between Islamic and Indonesian laws when they come to governing contracts. Every contract in Islamic law must comply with sharia aspects, and the law derived from the Quran and Hadith. Meanwhile, based on Indonesian law, a contract can be deemed legal when it complies with the requirements stated in Article 1320 Indonesian Civil Code, and every Contract in Indonesian Law comes and is derived from the Indonesian Civil Code. KEYWORDS: contract law, Islamic law, Indonesian law.

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