A Comparison of Civil Law and Sharia Law
Almost all countries have a set of civil laws governing its citizenry, which makes civil law a common thing globally. Unlike Sharia law, which is used in only Islamic countries. While both systems are based on similar concepts, there are several key differences between the two legal systems. These differences can be traced back to their historical development as well as their different approaches toSources and governance.
2. What is civil law?:
Civil law is a system of law that is based on Roman law and has been adopted by many countries. It is also known as Justinian law, after the Byzantine emperor who codified it. The key characteristic of civil law is that it is codified, which means that the law is written down in a code or collection of laws. This contrasts with common law, which is based on precedent, or previous court decisions.
3. What is Sharia law? :
Sharia law is the legal system of Islam and it is derived from the Quran and the Sunnah (the teachings and actions of the Prophet Muhammad). Sharia means “the way” or “the path” in Arabic and it is often referred to as Islamic law. The main principles of Sharia are justice, equality, and fairness.
4. Differences between civil law and Sharia law:
There are several key differences between civil law and Sharia law:
-The way that the law is developed: As mentioned above, civil law is codified, while Sharia law is derived from religious texts.
-The role of judges: In civil law systems, judges play a limited role in interpreting the law; their main task is to apply the law to the facts of each case. In contrast, in Sharia courts, judges have a more active role in interpreting the Quran and Hadith (sayings of the Prophet Muhammad) to arrive at a ruling
-Property rights: Under civil law, property rights are protected by the state; under Sharia, ownership of property is protected by Allah.
-Contracts: In civil law systems, contracts are governed by secular laws; in Sharia, contracts are governed by Islamic principles such as honesty, fairness, and trustworthiness.
-Inheritance: Under civil law, inheritance laws vary from country to country; under Sharia, inheritance laws are fixed by Allah and cannot be changed.
-Divorce: In civil law systems, divorce proceedings are usually handled by secular courts; in Sharia courts, divorce proceedings are handled according to Islamic principles.
-Punishment: In civil law systems, punishments are typically determined by secular authorities; in Sharia-based legal systems, punishments are prescribed by Allah and carried out by His representatives on earth (such as the caliph or imam).
5. Civil Law VS Sharia Law :
When comparing Civil Law vs Sharia Law one can see that there are some major differences between the two systems. The most notable difference is probably how each system treats women. Under Civil Law women have equal rights to men when it comes to things like property ownership and divorce proceedings. However, under Sharia Law women do not have equal rights to men and their role in society is heavily restricted. For example, under Sharia Law women are not allowed to marry non-Muslim men, they are not allowed to file for divorce without their husband’s permission, and they are not allowed to inherit property in the same way as men.
Civil law and Sharia law are two very different legal systems. Civil law is codified and based on Roman law, while Sharia law is derived from religious texts. There are many key differences between the two systems, including how the law is developed, the role of judges, property rights, contracts, inheritance, divorce, and punishment. When comparing Civil Law vs Sharia Law one can see that there are some major differences between the two systems. The most notable difference is probably how each system treats women.