Difference Between Common Law And Islamic Law

Islamic Law System

Islamic law comes from the Qur’an (the Muslim holy book), the Hadith (sayings and conduct of the prophet Muhammad) and fatwas (the rulings of Islamic scholars).

Islamic law is the most widely practiced religious legal system in today’s world. It is based on morality rather than commercial requirement of human behaviour in all aspects of a person’s self and social life. Islamic law is based on the Holy book of Islam, the Quran and on interpretation of the practices and sayings of Prophet Mohammad. It also follows the writings of scholars and teachers of Islamic scholarship, who derived rules by analogy from the principles established in the holy Quran. The basic foundations of Islamic law remain unaltered even after many centuries

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The main difference between the two systems of common law and civil law is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate (Piyali Syam 2014). Islamic law system is based on legal precedent and reasoning by analogy, and is thus considered similar to common law system (Slideshare

Examples of countries with civil law systems are France, Germany, Japan and China. (2) The British and American military personnel have contributed greatly to the security and economic livelihood of the local people, therefore common law system should be adopted. Examples of countries with common law systems are England, Australia, USA (the United States), Canada and New Zealand. (3) The Gugus are deeply religious people and are considered to be conservative Muslims. The Gugus make up 39% of the population and the Kepulauan Government are mostly dominated by officers from the Gugus Muslim population, therefore Islamic law system should be adopted. Examples of countries with Islamic law systems are Saudi Arabia. (4) Since the majority of people in Kepulauan belong to the Pulau tribe where they practise tribal customs, therefore customary law system should be