Monday, August 26, 2019
Comparative Justice Essay Example | Topics and Well Written Essays - 500 words - 2
Comparative Justice - Essay Example tries to delve into the basis of the US legal system, it becomes lucidly clear that the US legal system as per the Judi-Christian tradition, traces its origins in relation to some divine power. The US notions of justice, fairness and honesty have their moorings in the Biblical texts. Similarly, the Islamic law traces its origins to the Holy Quran and the Islamic legal system believes law to be an expression of the will of God (Terrill, 2009). The other pivotal fact is that the US legal system tends to employ the tool of law to shape a specific type of society that is in consonance with the essential American values and ethics. In other words, In America, the law is also considered to be a means of shaping and constructing a desirable society. In that context, the purpose of Islamic law is also the same. The Islamic law also intends to shape a society that is in consonance with the quintessential Islamic values, ethics and aspirations. However, there exist also marked differences between the Islamic legal system and the US legal system. The US legal system tends to guide and restrain the actions of its denizens within a defined social domain. In contrast, the Islamic legal system not only pertains to the legal rights and obligations of its citizens but also tends to define their ethical aspirations. In other words an Islamic legal system not only governs as to what its citizens could do, but also defines as to what they cannot do (Terrill, 2009, p. 612). The second thing is that the US legal system is subservient to the requirements of the time and social circumstances that is the US law is open to relative interpretations. However, the Islamic legal system considers Sharia to be an expression of the will of God that is sacrosanct and unchangeable in all times and societies (Terrill, 2009, p. 598). As per the Islamic legal system, it is not the law that is subservient to the requirements of the society, but rather it is the society that is to mould itself as per
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.