Similarities Between Common Law And Pakistani Law

Sadly, views of people in some of countries nowadays is still as foggy and limited as the people’s views thousand years ago. Having studied these laws, we learned that we need to respect women and honour them. They are very well deserved to be treated fairly, and to be looked up to. Hopefully in the near future, the legal system in Muslim countries will be changed in a positive way to foster the roles of women in the society. Women should have more freedom and should not considered as a tool of labor or a slave for

Civil Law: about a party bringing an action for a personal remedy of some kind.

Applying Four common law criteria in this case study assessment was done as per the following:

Common law in Canada is based on precedent, which mean that common law uses previous events or situations to guide court decisions going forward. Precedent is ‘binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts’; therefore, common law is not based on interpretation. Common law is created from precedent alone. Common law is used in areas like contract law, tort law, and property law. There may be written statutes in these areas of law; more often than not, the judge’s decision is based on precedent rather than a statute.

In the words of Elmer Driedger (as cited in Boyd, 2015), “the words of an Act are to be read in their entire context in their grammatical sense harmoniously with the scheme of the Act, the object of the Act and the intention of Parliament” (p. 65). This approach advocates analysis which balances the literal language used with the context of the statute and its intended purpose. This paper will assess the strength Driedger's approach in relation to the cases R. v. Boudreault, Paldi Khalsa Diwan Society v. Cowichan Valley (Regional District), and R. v. Skakun. It will be argued that Driedger's approach is advantageous to the courts in general, but insofar as it is combined with the principle of stare decisis, it is beneficial only when the judgments in precedent-setting cases accord with fundamental justice.

Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with

I chose the “Islamic Legal Tradition” to be the most compelling of the four legal traditions; not because I agree with the nature of how it is used, but how it is still considered legal. According to the textbook; “The religion preached by Mohammad is Islam and its followers are those who submit to Allah (Muslims) Twenty percent of the world’s population consist of Muslims that follow the Islamic law. Islam law is primarily considered Shari’a (the path to follow) and does not recognize a distinction between legal systems and the control of a person’s behavior. With the use of both the Qu’ran and the Sunna; together they do not make a code of law. The textbook states that the two “barely constitute a skeleton of a legal system.”

In some societies, women in the judicial process have very few rights that are the same as men, and their punishment seems to be much greater. Treatment by the Taliban in Afghanistan, and by other groups such as the influence of the Muslim Brotherhood all contribute to how women are treated legally. Zohreh Arshadi asserts that in countries such as Iran, "The Islamic punishments have encouraged a culture of violence against women...The fact that men receive a lighter punishment if they commit a violence against women undoubtedly encourages such violence. We saw how women could be killed with impunity during alleged adultery. Stoning to death for adultery, although technically admissible for both sexes, has also been carried out mainly against women” (Arshadi 2012). It is in countries such as Iran, Saudi Arabia, Afghanistan, and some non-Middle Eastern countries where the Qur’an is taken as a literal word and law, and there is constituted into actual state law. This means that certain texts from the Qur’an are used to treat women violently. For example a passage in the Qur’an states: Hadith Muslim (4:1982)  The Prophet said, “I saw Hell also. No such (abominable) sight have I ever seen as that which I saw today; and I observed that most of its inhabitants were women. They said: Messenger of Allah, on what account is it so? He said: For their ingratitude or disbelief

The Quran tenets encompass various life aspects that include God’s teachings, the way of harmonious living in the community, moral virtues, the regulations on financial matters, and specific obligations among Muslims males and females. In general, the sharia law is an extended platform that provides guidance on family affairs, criminal judgment, political perception, and economic factors. The law thrives on the precepts of religious attributions to God. Since the emergence of sharia law, various Islamic nations have endorsed most or parts of the

The rise and expansion of Islam has had a significant impact on the role and rights of women throughout history. Since its origin in the seventh century until modern times, the Muslim faith has somewhat broadened, but has mostly restricted women’s rights in numerous Islamic communities. The history of Muslim women is complex, as it involves many advances and declines in numerous locations, such as Egypt, Afghanistan, and Iran, concerning several subjects, including both civil and social rights. Thus, in general, the rights of Islamic women did not improve significantly over time, instead, conditions remained the same or became worse for women as Islam evolved and spread as a world religion.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

In the statement, it is mentioned that the great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions. A case to illustrate this point would be W v Registrar of Marriages [2013] HKCFA 39 (CFA).

Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.

The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every

And so today, it is needed to rely on socio-legal research for law reform, which serve the various purposes such as it suggests a reform in the existing law, socio-legal research, collect, search and make available the legal principle which are useful for society, it suggests a set of rules where no rules exist at all.