Civil and Islamic paper 2nd

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Liberty University *

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JURI 510

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Law

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Apr 3, 2024

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docx

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Research Essay: Civil and Islamic Legal Traditions Christopher Velez Liberty University JURI 510 March 10 th , 2024 Prof. Alfredo Ongcapin
Similarities between Civil and Islamic Legal Traditions          The Islam religion originated in Mecca, a city in the Arabian desert, during the 7th century, the time of Mohammad. In Mecca, tribes adapted religious beliefs and bloodlines, and the religion was based on worshipping one God. Muslims, Christians, and Jews all worship the same God, although in very different ways, and the teachings of each religion have been revealed through other prophets, such as Moses, Jesus, and Mohammed. At the same time, Mohammed was and is the only Prophet of Islam. Islam has one holy book, the Koran, which emphasizes that the word of God has been present since the first revelations.           Reading the Koran is an essential task for anyone interested in Islamic law. The book contains approximately 6,000 verses, with around 500 verses covering the law. These law-related verses are scattered throughout the book and in no particular order. However, they were laid down in the direction of Muhammad, who gave his writers the location of all the texts. Despite this, it can be challenging to locate the relevant verses.          It's interesting to know that Islamic law, also known as Sharia, is derived from two primary sources - the Koran and the hadith. The Koran forms the base of Islamic law, while the hadith further establishes the law that depends on its precursor and, ultimately, on the Koran. It's worth noting that the Koran is the mainstay of Islamic law, and everything is constructed on it. The development of Islamic law and its other foundations took centuries, and Islam also counts time, as in Judaism and Christianity.          In conclusion, Islam started in Mecca, and worshiping one God is central to the religion. The teachings of Moses, Jesus, and Mohammed were revelations of the same God. Reading the Koran is crucial for anyone interested in Islamic law, although the law-related verses are scattered throughout the book. The Islamic law source pyramid is built upon the Koran, with each source depending on its precursor, ultimately leading back to the Koran. The development of Islamic law took centuries, and the faith counts time, like Judaism and Christianity.          It's interesting to note that civil law introduced the ability to protect the identities of those who practice regardless of their location. This identity protection is crucial in adapting traditions and accepting change. As states became more established, their legal logic and capabilities aided in developing identities. To harmonize and unify groups, Roman and European legal practices were incorporated. The civil law tradition allowed people to leave states, but identity protection comes from controlling access. Both state and law being territorial, people become subject to state law and benefit from it, driving the need for state- generated mass transport. Contemporary civil law states build significant and efficient barriers to admittance regions on the part of others to maintain control
over identity. In Europe, only those inside benefit from application of guarantees or rights, so controlling access becomes a more significant concern. The border is intended to control access, limit the excessive movement of people, and control the identity of the state's people. This is similar to the increased migration to the United States, where people who enter the borders are afforded rights and access to justice policies.          "Some scholars believe that Islamic judges are bound by ancient and outdated rules of fixed punishment for all crimes; some fail to recognize Islamic law as an equal to English common law, European civil law, and Socialist law." Islamic Legal Tradition, Dennis J. Weichman (1998)          It's fascinating to note that the Islamic tradition has many different interpretations worldwide, but like most legal traditions, it is unique in its history and tradition. This tradition, which H. Patrick Glenn refers to as "the law of later revelation," has connections to other legal traditions that have been reviewed in the past weeks. While these two systems may seem vastly different at first glance, there are many similarities. Recent lessons about the civil law tradition in the last module compared to Islamic legal traditions have highlighted similarities between the two systems.          It is believed that the Qur'an enshrines the literal word of God and that it was revealed to Muhammad by the Archangel Gabriel. With its unique composition and style, the Qur'an is also considered the pre-eminent literary masterpiece of the Arabic language and one of the earliest extant Arabic literary sources. (Khan Academy, the Qur'an) Family Law                     Family law is a significant aspect of Sharia law that deals with various issues such as marriage, divorce, child custody, and inheritance. The Islamic law system, Sharia, is considered the divine law of Allah and is based on the teachings of the Prophet Muhammad. Muslims believe the contents of the Koran to be the word of God, and Muslim scholars interpret the lessons of the Prophet Muhammad to shape Sharia Law. Sharia law is often regarded as a comprehensive legal system encompassing religious and secular matters such as criminal justice, commercial transactions, and property disputes.           Islamic legal scholars have construed Sharia law over time to meet the needs of the rising Muslim empire, modifying it to their advantage. The 10th century was regarded as the prime development era of Islam, where Sharia underwent significant legal and intellectual development. Today, Sharia and civil law proceedings are often integrated, and Western courts recognize Sharia as a legal system in areas such as family law and inheritance. 
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