Legal System | Islamic legal System and Sources of Islamic legal System

Legal System | Islamic legal System and Sources of Islamic legal System

What is Legal System ?

We can define legal system in a single line as 

“A legal system is a procedure or process for interpreting and enforcing the law.” 

A legal system can be defined as the principles or procedures for the classification of laws, matters or procedure relating to them. It can also be defined as a body of rules including the principles, rules or doctrines associated with them that have the force of law in a given society.

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Definitions of Legal System

  • Austin and Bentham
Sum total of laws.
  • HLA Hart
Union of primary and secondary rules.
  • Dias
Ideas which guides legal development and administration.
  • Kelson
A legal system is the hierarchy of the norms. It revolves around basic norms.

Islamic Legal System

The process of globalization is the establishment of legal system of all countries. The legal system of countries in the world is generally grouped into 5 (five) systems.

  1. The Civil Law system (European continent)
  2. The Common Law system (UK, US & Common Wealth Countries)
  3. Customary Law system (African, Chinese)
  4. The Muslim Law system (Shariah) (Muslim countries)
  5. Mixed system (Indonesia, India)

About Fourteen centuries ago Islam was a spiritual, social, and legal revolution Its potential for effecting progress remains unchanged. Islam at the height of its civilization, between the seventh and eleventh centuries, was neither repressive nor regressive. It was a progressive, humanistic and legalistic force for reform and justice. Islamic law grew along with the expanding Muslim Empire. The Umayyad dynasty caliphs, who took control of the empire in 661, extended وتعیس Islam into India, Northwest Africa, and Spain. The Umayyads appointed Islamic judges, to decide cases involving Muslims

What is Sharia ?

Sharia means “The Correct Path” in Arabic. In Islam, it refers to the divine guidance that Muslims follow to live moral lives and grow close to God. Sharia is derived from two main sources:
  1. The Quran (which is considered the direct word of God)
  2. The Hadith(The sayings and practices attributed to the Prophet Mohammed (صلى الله عليه وسلم)
The Prophet Mohammed is considered the most pious of all believers, and his actions became a model for all Muslims. The process of interpreting sharia, known as fiqh (School of Thought), Each school is named after the scholar who founded it. There are four major thoughts 
  1. The Hanafi
  2. The Hanbali
  3. The Maliki
  4. The Shafiʽi

Sources of Islamic laws 

Sources of Muslim law or Islamic law is classified into two categories that is primary sources and secondary sources.
  • Primary Sources
Primary sources are those on which Muslim law relied on. These sources are the foundation of Muslim law. Primary sources of Muslim law are:
  • Al-Qur’an
  • Sunnah
  • Hadith (Hadees)
  • Ijma
  • Qiyas
  • Secondary Sources
These sources are not basic sources of Muslim law but the supplementary sources of Muslim law. The secondary sources of Muslim law are:
  • Urf or Custom
  • Judicial decision
  • Legislation
  • Equity, Justice, & Good conscience
Primary sources

Islamic

Legal system

Secondary Sources

Islamic

Legal System

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