Civil Legal Tradition
Civil law is a legal system that governs private disputes between individuals, companies, or organizations. This legal system deals with non-criminal issues, such as family law, property disputes, contracts, and personal injury cases. For the law to apply effectively, it is divided into several types of law, with each branch dealing with a unique type of conflict resolution. Some of the branches of civil law include contract law, family law, and tort law. There are guidelines in which the application of justice applies to the responsible parties. Civil law systems are based on written laws, codes, and regulations developed by legislators and interpreted by courts. Civil law’s major concern is ensuring justice for the people in a certain region (Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 590 U.S. 140, 207 L. Ed. 2d 218, 2020). Judges are the decision-makers in a court system to decide the actions that would be taken on a person for their crime. Therefore, civil law is written laws that guide solving crimes and settling disputes among parties.
Islamic Legal Tradition
Islamic law is a set of legal, moral, and religious principles that guide the behavior and actions of Muslims. Islamic law is based on the teachings in the Quran, the prophet’s sayings, and the teachings of scholars. Therefore, Islamic law is based on religious beliefs, and actions are taken by Muslims when they violate the law. The primary objective of Islamic law is to create a just and equitable society. It covers all aspects of human life, including personal morality, family law, business transactions, and criminal justice (Seifeddine v. Jaber, 934 N.W.2d 64, 327 Mich. App. 514, 2019). Islamic law is grouped into personal and public law. Each type of Islamic law addresses different groups of people based on the type of conflict. Personal law addresses matters such as marriages, divorce, and inheritance. On the other hand, public law addresses matters including contract law and criminal law. Islamic law bases the arguments on the Quran and prophets’ readings and teachings. Therefore, Islamic law plays a crucial role in the lives of Muslims.
Civil and Islamic legal traditions are some of the oldest laws and have evolved with the changes in livelihood. The two laws have different origins and possess other differences. However, major similarities between the two laws make it a major concern to study. Investigating the similarities between the civil and Islamic legal traditions shows how different groups address similar problems faced by human beings. Some similarities between civil and Islamic legal traditions include focusing on human rights, emphasizing justice and fairness, and promoting public order and security.
Respect for Human Rights
Both civil and Islamic laws are concerned with respect for human rights. Several actions show the systems are focused on respecting human rights. A major concern is the recognition of human beings as important people. Both civil and Islamic laws respect human beings and recognize them as important people. Islamic law shows that human beings being a creation of the Almighty God, should be treated with respect. As a result, Islamic law shows its concern for the dignity of a person. Similarly, civil law plays a crucial role in determining the necessary actions that need to be taken to respect human rights (Liem v. ATTY. GEN. US, 921 F.3d 388, 2019). For human rights, civil law is concerned with providing freedoms and rights to a person. This shows a major concern for the law to concern with human rights.
Additionally, as a show of respect for human rights, a person who commits a crime is entitled to a fair trial. The concern of Islamic and civil law is also based on the trials the individuals face for their crimes. Both traditions recognize the importance of due process and the rule of law. Civil law guarantees individuals the right to a fair trial and due process. In contrast, Islamic law requires that legal proceedings be conducted fairly and impartially and that individuals be afforded the right to a fair trial. The process followed by the court system in civil law is crucial in investigating whether the person is guilty or innocent. Also, the judgment placed on the individual is based on facts and therefore is fair. Also, Islamic law offers that individuals should be given a fair and impartial trial (Cook v. State, 606 S.W.3d 247, 2020). Therefore, Islamic and civil legal traditions are similar in their respect for human rights.
Promotion of Public Order and Security
It is a major concern for human beings to live in order and security. Laws are passed to ensure that there is order in society. The concern for the effectiveness of society’s functions relies on the people’s ability to be secure and live in order. Both civil and Islamic legal systems emphasize the importance of the rule of law in promoting public order and security. They both recognize that a society can only function effectively when clear laws and regulations are applied equally to all citizens. The instilling of security among the citizens would therefore facilitate peace for them. As a result, there would be effective functioning of society. Both laws have set guidelines and rules on how individuals should conduct themselves in society. Civil law is concerned with the laws, while Islamic law is based on Muslim religious teachings.
Some individuals might violate the requirements of the law. The laws are essential in the determination of the best action that should be taken on a person who breaks them. There are set rules on the punishment for violating the laws in both civil and Islamic law. The contribution of the two laws in punishment is essential in determining the best ways of punishment. The process of determining whether a person is guilty is fair and impartial. The decisions should not be biased for the decision. Some punishments for people who violate the laws include community service and imprisonment. The laws are similar in rendering the punishments for the lawbreakers, which brings order to society, and the residents feel secure and protected. Therefore, Islamic and civil laws are essential in ensuring security in society.
Emphasis On Justice and Fairness
Both civil and Islamic legal traditions strongly emphasize justice and fairness as central principles of the legal system. Under both systems, the rule of law is viewed as a way to defend people’s liberties and rights, safeguard the weak, and foster social peace and stability. The emphasis on the importance of fairness promotes the recognition of every person in society (Goldstein v. Islamic Republic of Iran, 383 F. Supp. 3d 15, 2019). As a result, the law can protect the vulnerable in society. For instance, the law ensures that people with disability are treated equally to the rest. As a result, there would be consequences when a person violates such a law. Similarly, in Islamic law, there is a requirement that since all people are equal, they should be treated equally. Therefore, civil and Islamic laws are crucial in determining effective ways of protecting the vulnerable in society.
For fairness to endure, there is a trial in both Islamic and civil law. The trial is crucial in determining whether the person is guilty or not. Therefore, both traditions acknowledge the value of fair procedures and unbiased judges in ensuring justice. Legal disputes must be settled by evidence-based decision-making, with the burden of proof falling on the person making a claim, according to both civil and Islamic law. Also, both legal systems recognize the importance of the equitable distribution of resources and the protection of property rights. Both civil and Islamic law strongly emphasize contracts and property law, which seek to establish clear rules for the ownership and transfer of property and resources. Therefore, Islamic and civil law work simultaneously to protect human beings from violation.
Conclusion
Although there are differences, the civil and Islamic legal systems have similarities. With a focus on defending individual rights and maintaining the social order, both traditions seek justice and fairness in their legal systems. Also, they are both interested in employing legal rules and processes to accomplish their objectives. Islamic law relies on religious scriptures and jurisprudence, whereas civil law relies on regulations and legislation to achieve justice and fairness. Notwithstanding these distinctions, both legal traditions have considerably impacted the growth of international legal systems and are crucial in defining the legal environment of their respective countries.
References
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731, 590 U.S. 140, 207 L. Ed. 2d 218 (2020).
Cook v. State, 606 S.W.3d 247 (Tenn. 2020).
Goldstein v. Islamic Republic of Iran, 383 F. Supp. 3d 15 (D.C. 2019).
Liem v. ATTY. GEN. US, 921 F.3d 388 (3d Cir. 2019).
Seifeddine v. Jaber, 934 N.W.2d 64, 327 Mich. App. 514 (Ct. App. 2019).
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