scholarly journals The relationship between the Islamic legal system Sharia and European continental law

2020 ◽  
Vol 68 (1) ◽  
Author(s):  
Adrián Csajka-Vándor
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Judicial System ◽  
Legal Systems ◽  
The Relationship

The study examines the essential differences between European legal systems and the Islamic legal system, the Sharia. It points out the differences between secular and religious legal systems, the differences of evaluating and judging crimes and punishments, the judicial system of Islamic law and the sanctions it offers.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals Kilka uwag o responsywności prawa podatkowego na przykładzie urzędowych interpretacji prawa podatkowego

2019 ◽  
Author(s):  
Jarosław Kola ◽  
Przemysław Pest
Keyword(s):  
Social Relationships ◽  
Legal System ◽  
Law And Society ◽  
Tax Law ◽  
Tax Administration ◽  
Legal Systems ◽  
Basic Functions ◽  
Three Stages ◽  
The Concept Of Law ◽  
The Relationship

The article is an attempt to look at the development of Polish tax law through the prism of the concept of law development proposed by Ph. Selznick and Ph. Nonet. In the study Law and Society in Transition. Towards Responsive Law they distinguished three stages of evolution of legal systems: repressive, autonomous and responsive. The focus of the article is on the institution of the official interpretation of tax law, because an analysis of the transformation of the legal system allows to capture trends that are present in the development of its individual institutions as well as social relationships among its recipients. By indicating the evolution of official in terpretations of tax law in its two basic functions – those of informing and those of guaranteeing (protective) – the authors point to a wider context of the development of tax law to show whether and how changes in the normative regulation of official interpretations of tax law may affect the shape of the relationship between a tax payer and tax administration, where the perspective of the analysis of demand is the responsiveness of law. An analysis of the regulation of an official interpretation of tax law leads to the conclusion that due to the assigned ratio legis this interpretation must characterise them as corresponding mainly to the autonomous model. At the same time a responsive model of law does not undermine the autonomous model attributes. Thus if we were to accept that the provision of interpretation corresponds to the autonomous model, it would not be possible to note that it also has attributes that make it a responsive model. Irrespective of the fact that there is no element of negotiation, it is based on the interaction between the taxpayer and the tax administration. As part of this interaction, tax administration responds to the reported social need in terms of the ambiguity of law, which de iure – not least because of the possibility of bringing an action against the content of interpretation – takes place in the framework of a communication situation that is free from external coercion.

Islamic and Customary Law in Aceh Darussalam Constitution

2016 ◽  
Vol 2 (2) ◽  
pp. 146-164
Author(s):  
Gunawan Adnan
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Legal Systems ◽  
Canonical Texts ◽  
The Relationship

It is confessed that the relationship between Islamic taw and customary law in Aceh is very tight and hardly distinguished. This phenomenon hold also true and could be traced through the canonical texts of Aceh Darussalam kingdom. This articIe is aimed at examining this indication through a brief study on the manuscript of the so-called three laws of Aceh, especially pertaining to siyasah (politics) and the forms of relationship between the two legal systems. Furthermore, it will also discuss the substance of the text compared with al-Mawardi's thought in al-Ahkam al-Sulthaniyyah. The study safely comes to the conclusion that the majority of siyasah concept of Islamic law has been absorbed into the structure of canonical texts of Aceh Darussalam Kingdom. Last but not least, it is also found two forms of absorption, namely, total and selective absorptions.

Legal Systems and Variance in the Design of Commitments to the International Court of Justice

2009 ◽  
Vol 26 (2) ◽  
pp. 164-190 ◽  
Author(s):  
Sara McLaughlin Mitchell ◽  
Emilia Justyna Powell
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Bilateral Treaties ◽  
The Relationship

This paper explores the relationship between domestic legal systems and the design of commitments to the International Court of Justice (ICJ). Empirical analyses demonstrate that civil law states are more willing to recognize the compulsory and compromissory jurisdiction of the World Court than common law or Islamic law states. Common law states place the highest number of reservations on their optional clause declarations, with the majority of those restrictions relating to specific areas of international law. Civil law states typically embed compromissory clauses in multilateral treaties, while common and Islamic law states prefer recognition of the ICJ's jurisdiction through bilateral treaties.

scholarly journals THE CONCEPT OF RELEVANT CONDITIONS IN THE MECHANISM OF FUNCTION OF THE PRINCIPLES OF THE CLOSEST CONNECTION

2021 ◽  
pp. 130-136
Author(s):  
V. Pavlovsky
Keyword(s):  
Legal System ◽  
Necessary Condition ◽  
Private International Law ◽  
Legal Systems ◽  
Scientific Methods ◽  
Applicable Law ◽  
International Private Law ◽  
World Economic ◽  
General Scientific ◽  
The Relationship

At the present stage of the development of international private law, the intensity of world economic turnover requires a deliberate approach to law enforcement, each legal dispute requires an individual analytical approach from the law enforcer, moving away from the concept of averaged collision dogma has led science and practice to understanding new methodological approaches to finding the relevant, most close legal solution with the actual composition of the relationship. In this paper, on the basis of general scientific methods, as well as using methods of legal modeling, the author tried to substantiate the concept of applying the criterion of the closest connection in legal systems, using the necessary condition of public imperatives that fill the legislative body of Romance jurisdiction. When following the concept of relevance, the criterion of the closest connection can fully realize its potential as a basic principle of private international law. It has been established that there is a conceptual similarity in the impossibility of overcoming the imperative requirements of legislation in the studied legal systems. The author suggested that the legal system as a unit of a normative array can compete by imperative prescriptions with another legal system when establishing the applicable law, the degree of competition shows relevance, being an epistemological unit. The presence of the relevance property in the clause on public order is indicated.

scholarly journals EKSISTENSI HUKUM ISLAM DAN HUKUM ADAT DALAM SISTEM HUKUM NASIONAL

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Abdurrahman Konoras
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Systems ◽  
Left Behind ◽  
National Legal System

Islamic Law and Customary Law is part of the national legal system in addition to some other legal systems that also give meaning and role. But as a system and legal system, Islamic Law and Customary Law show a clear separation.Thus, both are standing alone and independent. The continuing development of both shows which of them can continue to exist and which of them is increasingly left behind or even reduced in terms of role.

scholarly journals Memahami Hakikat Hukum Islam

2019 ◽  
Vol 11 (2) ◽  
pp. 231-248
Author(s):  
Muhmmad Ahsan
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Systems ◽  
Basic Principles ◽  
Human Relationships ◽  
Overall Justice ◽  
Different Characteristics

Islamic law is the legal system based of Islamic teachings. To understand the meaning of Islamic law, necessary to understand the terms associated with Islamic law: the sharia, fiqh, usul fiqh, and Islamic law itself. The Sources of Islamic law are the Qur'an and Sunnah which iquipped with the ratio used to perform ijtihad. In general, there are two scopes of Islamic law, i.e. ibadah (worship) and muamalah. The worship regulates human relationships with his God, while the muamalah regulates human relationships with one another. Islamic law has different characteristics from other legal systems. Among of these characteristics is a perfect, elastic, universal, dynamic, systematic, and ta'aqquli- ta'abbudi. Islamic law has some basic principles too, such as not to burden, defined in stages, and consider the welfare and overall justice.

Classification of Contractual Agreements in Comparative and Islamic Jurisdictions: Does it Make Any Sense?

2013 ◽  
Vol 27 (3) ◽  
pp. 203-229
Author(s):  
Mahmoud Fayyad
Keyword(s):  
General Theory ◽  
Legal System ◽  
Islamic Law ◽  
External Action ◽  
Legal Systems ◽  
The Real ◽  
Subjective Approach ◽  
Objective Theory ◽  
Contractual Agreements

Abstract Comparative legal systems differ in the organization of the manifestation of parties’ expressions when making legal transactions where an external action does not reflect the real intention of this party. Most jurisdictions, including Islamic law, follow the objective theory of agreements while the Conterminal legal system adopts the subjective approach. Despite the fact that many scholars spent much efforts to clarify this classification, the importance of this classification may be modest; these legal systems organize some basic doctrines, with regard to the formation of a contract (namely: the revocability of offer, the need for communication of acceptance and the rules of interoperation), in a manner that may contradict with its general theory of making agreement. In other words, the organization of these doctrines has very little significant differences in result between these legal systems. Islamic law has the same result as well. This article aims at explaining these doctrines and differences.

scholarly journals The EU law and the law of third countries: problems of interaction

2021 ◽  
Vol 118 ◽  
pp. 02003
Author(s):  
Dmitriy Viacheslavovich Galushko ◽  
Natalya Valerievna Oganova ◽  
Andrey Leonidovich Belousov ◽  
Elena Valerievna Grigorovich ◽  
Aleksey Valerievich Sereda
Keyword(s):  
European Union ◽  
Legal System ◽  
The State ◽  
Legal Systems ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
The Relationship ◽  
Respective State ◽  
The Eu

The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

scholarly journals A Comparative Study of Judicial Control in Iran, U.S.A and Canada

2014 ◽  
Vol 44 ◽  
pp. 61-73
Author(s):  
Askar Jalalian ◽  
Parisa Anvari
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Judicial System ◽  
Administrative Claims ◽  
Legal Systems ◽  
Judicial Control ◽  
Specialized Courts ◽  
Tools And Techniques ◽  
And Control ◽  
The U.S

Supervision and control need tools and techniques that would usually take two forms: the first form is that the same court that hears claims and complaints submitted by the departments and its agents, handles other claims and all the claims are processed by these courts of justice. Another form of judicial supervision is supervision in a dual judicial system and that is a judicial system wherein only specialized courts are competent enough to review administrative claims and to investigate the conducts of the department and its agents. In this paper, we deal with how these tools are used in advanced legal systems like the U.S., and Canada and the Iranian legal system. The result we discover in the end is that in all stages of supervision by the supervisor and the supervised, there must be a sense of accountability to people and officials and this will be achieved by transparency in performance. In the absence of transparency supervision will be disrupted and some economic and administrative corruption will arise, because wherever there are secrecy and monopoly, the results will be inevitably corruption.

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