Systems of Law: Common Law, Civil Law, Socialist Law, Islamic Law, Indigenous Law

2009 ◽  
Author(s):  
Emilia Justyna Powell ◽  
Sara McLaughlin Mitchell

International courts have proliferated in the international system in the past century, with one hundred judicial or quasi-judicial bodies currently in existence. While the supply of international courts has increased substantially, state level support for international courts varies across states, across courts, and over time. This paper focuses on the cross-sectional and temporal variation in state level support for a particular court, the International Criminal Court (ICC). The authors argue that domestic legal systems create different predispositions with respect to states’ willingness to join adjudicatory bodies and the design of their commitments to international courts. Negotiators involved in the creation of the ICC pushed for rules and procedures that mimicked those of their domestic legal systems to help reduce uncertainty regarding the court’s future behavior and decision-making processes. This interesting process of legal bargaining led to the creation of a sui generis court, one which represents a mixture of common law and civil law systems. The hybrid nature of the court’s design enhanced the attractiveness of the court to civil and common law states, making them significantly more likely to sign and ratify the Rome Statute. Empirical models demonstrate that common and civil law states were fervent supporters of the ICC in preliminary negotiations and that they have shown higher levels of support for the Court since the ICC’s inception in comparison to Islamic law or mixed law states.


2009 ◽  
Vol 26 (2) ◽  
pp. 164-190 ◽  
Author(s):  
Sara McLaughlin Mitchell ◽  
Emilia Justyna Powell

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.


2013 ◽  
Vol 3 (2) ◽  
pp. 183
Author(s):  
Dr.Sc. Juelda Lamçe

Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics.  Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For this reason it is important to understand how certain legal institutes where regulated in the past. In fact, Islamic classic law despite its later evolution is considered the most authoritative legal source, because closest to the Divine Revelation.With regard to the rights and obligations of spouses, they’re conceived in terms of complementary, while their equality is interpreted in terms of moral and spiritual rights and obligations. In order to better comprehend their rights and obligations, it is necessary to analyze the different roles of gender inside the Islamic family.Given the premises, this paper will focus on specific rights and obligations between spouses and with regard to the child-parent relationship. In particular, it will treat the meaning of the supremacy or authority of the man to the woman; the rights and obligations that they have towards the children born in and out of wedlock; the questions on the practice of the polygyny.


2021 ◽  
Vol 20 (1) ◽  
pp. 24-32
Author(s):  
Fazli Dayan ◽  
Mian Muhammad Sheraz ◽  
Abu Kholdun Al Mahmood ◽  
Sharmin Islam

This research paper examines the concept of ‘necessity,’ which derives its origin both in Islamicand common law and transcended progressively into medical law. Many aspects of medicaland civil law remained closely related to each other, like ‘the concept of duress’, ‘self-defense’and other aspects of human activities are embedded in both the systems. Likewise, the commonlaw generally allows almost all forms of treatment, whereas Islamic law permits it, when itessentially saves one’s life. All forms of medical treatments are freely and readily available toovercome sterility dilemmas in western countries, whereas in Islamic law some of the moderninterventional techniques and genetic engineering are disregarded as per Shariahinjections.Whereas, Islam does approve necessary measures to sustain sound and good health, since it isconsidered a part of one’s obligations. Hence, its sustenance senses the subjects to avoid fromundue pains and sufferings. For this purpose, medications and medical treatment is considered arecognized mode in Islamic law. Therefore, on one hand, this research paper presents argumentsin favor of medical treatment, while, on the other hand, it will argue the evidences given byclassical and contemporary scholars in favor of medical treatment within the framework ofShariah. This may attract the essence of Shariahdoctrine of necessity. Bangladesh Journal of Medical Science Vol.20(1) 2021 p.24-32


2018 ◽  
Vol 46 (3) ◽  
pp. 176-180
Author(s):  
Lucas Alves Edmundo Gomes

AbstractMost legal scholars assume that there are only two “families” of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the “habits of society.” On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.


Author(s):  
Asasriwarnia Asasriwarnia ◽  
M. Jandra

This paper will discuss the comparison of Islamic legal system, civil law, and common law. Knowing the comparison is important. This method is very appropriate considering that the legal system has its own character and scope. The questions of this study are: (1) how is the comparison concept of legal systems; (2) how was the comparison of legal systems’ source; (3) how was the comparison of its history and (4) the comparative material of law content. The purpose of this study is to reveal the concepts of legal systems comparison; the comparison of its source, history and the material comparison of law system’s content. This study use normative legal method. The results of this study are: (1) the concept of legal system comparison is defined by the similarities and difference on the collection of law elements. The needs of legal systems comparison are grouped into scientific needs and practical needs; (2) the comparison of legal system source is that the source of Islamic legal system, civil law, and common law has similarity in the effort of legal discovery. (3) The comparison of the history of legal system have similarities in growth and development influenced by the traditions of human life from one generation to the next generation in wide definition. (4) Comparison of the content of law system have similarities that all aspects of human life is generally regulated by law. In this context Islamic law is comprehensively regulate various aspects of human life including the relationship with the universe, the Lord and the hereafter.


2019 ◽  
Vol 10 (2) ◽  
pp. 225-246
Author(s):  
R. Arif Muljohadi

One of the main goals of marriage is to connect offspring. But not all married couples can have children. The absence of children can be one of the triggers of disharmony in household relations. So as to maintain its integrity, husband and wife adopt children. In adoption, children will certainly have legal consequences. Moreover in Indonesian law, adoption is carried out according to Islamic law, Common law (the customary law referred to is Central Javanese Common law), and Civil law. Where the three legal systems will of course cause different legal consequences. The legal consequences are related to the position of adopted children which includes family relationships, guardianship relationships, inheritance relationships, and other relationships. Regarding inheritance relations, in Indonesia there is still pluralism including Islamic inheritance law, Customary inheritance law and inheritance law in the Civil Code. So with the variety of applicable inheritance law, also contributed to differences in the inheritance portion obtained by adopted children.


Author(s):  
Andi Safriani

Law system known as a one of all, like institution,procedure and rule between one sub system have a relationship with another sub system.            Law as a system have complexitas and multiperspective, like a country law for example adat recht (living law), islamic law, or common and civil law.            We can look at a complexitas and multiperspective law like in Islamic law to difine that religion and law are one package. Islamic law in fact to became as a rule system which extra flexible to rule about a living aspect and there are not dichotomy between a political, religion, and social. So that Islamic is a law norm, society norm and country norm.Whereareas East law system like in eroupe to do it made a codification. Adat recht (living law) have a law identity to break up with society identity. Whereareas national law system in Indonesia we cant make a lie that a big part from our law in Indonesian to take from “heritage” a colonial. But, although have the different perspective between Islamic law, Living law or adat recht, Common and civil law or National law, at principle or law based on always to became a real right and how to make a good or sweet living in our society.Keywords: Law system, Islamic system, Living law, Common and Civil law, Positif law    Abstrak             Memahami sistem hukum sebagai suatu kesatuan yang utuh, meliputi institusi, procedure, aturan hukum, dimana antara unsure atau sub system yang satu memiliki hubungan dengan sub sistem yang lain.            Hukum sebagai suatu system memiliki kompleksitas dan multiperspektif, baik hukum yang ada di negara kita sendiri seperti hukum adat, hukum islam dan hukum positif kita maupun hukum barat seperti common law dan civil law system.            Kompleksitas dan multiperspektif ini dapat kita lihat misalnya dalam hukum Islam yang menganggap bahwa agama dan hukum adalah satu. Hukum Islam dalam kenyataannya menjadi sebuah system aturan yang luar biasa fleksibel mengatur segala aspek kehidupan dan tidak ada dikotomi antara wilayah politik, agama dan sosial sehingga islam merupakan norma hukum, norma bermasyarakat dan norma bernegara. Sementara Sistem hukum Barat khususnya di daratan Eropa dilakukan melalui pembentukan kodifikasi, berbeda dengan Hukum Adat yang identitas hukumnya tumbuh dengan identitas masyarakat yang membentuknya, sedangkan hukum positif atau hukum Nasional negara kita Indonesia tidak dapat dipungkiri masih mempergunakan sebagian besar hukum tertulis yang berasal dari “warisan” penjajah. Namun, apapun perbedaan hukum dalam perspektif hukum Islam, Hukum Barat, Hukum Adat maupun Hukum Positif kita, pada hakikatnya hukum selalu bermuara pada terwujudnya keadilan, keteraturan maupun ketertiban dalam masyarakat.Kata Kunci: Sistem hukum, Hukum Islam, Hukum Barat, Hukum Adat, Hukum Positif.


2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Bitra Mouren Ashilah

Hukuman mati merupakan jenis hukuman terberat dalam sanksi Pidana. Hukuman mati juga sudah ada sejak zaman dahulu berawal dari kerjasaan Babilonia di Mesopotamia. Hingga kini hukuman mati menjadi perbincangan di seluruh dunia, mengenai waktu, eksekusi dan juga jenis-jenis pidananya yang menjadi pertentangan di kalangan masyarakat. Makin kesini, banyak negara-negara yang sudah menghapuskan hukuman mati di peraturan negara mereka, namun masih ada juga yang mencantumkan sanksi hukuman mati untuk menjerakan pelaku kejahatan, namun sebagian berpendapat hukuman mati tidak efektif melihat proses sebelum dan saat eksekusinya yang dinilai tidak manusiawi dan tidak memikirkan psikologis narapidananya.


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