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NCJ Number: 51299 Find in a Library
Title: LEGAL SYSTEM OF ISLAM
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:64  Dated:(SEPTEMBER 1978)  Pages:1359-1361
Author(s): R A WORMSER
Corporate Author: American Bar Association
United States of America
Date Published: 1978
Page Count: 3
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: PRINCIPLES OF THE ISLAMIC LEGAL SYSTEM AND THE ABILITY OF THE SYSTEM TO ADJUST TO LOCAL NEEDS ARE CONSIDERED, AND ITS WIDE APPEAL IS ATTRIBUTED TO ITS STRONG LINK WITH THE MOSLEM RELIGION.
Abstract: THE ISLAMIC CHURCH HAS ACHIEVED A UNIVERSAL RELIGIOUS-CIVIL EMPIRE. BOTH ITS RELIGIOUS AND LEGAL TENETS HAVE FOLLOWED THE VAST MOSLEM CONQUESTS. LAW IS NOT SEPARATE FROM RELIGION BUT RATHER IS AN INTRINSIC PART OF IT. THE KORAN CONTAINS THE REVEALED WORK OF GOD AND FORMS THE HEART OF THE ISLAMIC LEGAL SYSTEM. NUMEROUS LEGAL SECTS HAVE DEVELOPED, EACH WITH ITS OWN SET OF LEGAL LITERATURE CONSISTING OF TREATISES AND COMMENTARIES NOT CONTAINED IN ANY STATUTES OR CODES. MANY OF THE TREATISES, HOWEVER, ARE REMARKABLE COMPILATIONS OF LAW. COMMENTARIES ON ACTUAL CASES ARE FREQUENTLY USED BY ISLAMIC JUDGES. THERE ARE FOUR PARTIES IN THE ISLAMIC TRUST: DONOR, GOD AS TRUSTEE, MANAGER, AND BENEFICIARY. NO ONE CAN PARTICIPATE IN THE LEGAL SYSTEM, WHETHER AS A LAWYER OR JUDGE, UNTIL HE HAS HAD INTENSIVE TRAINING. THERE IS A COMPLEX SYSTEM OF STUDY, AND DEGREES ARE GIVEN FOR EACH RANK OF SCHOLASTIC STANDING ATTAINED. CRIMINAL JUSTICE IS ADMINISTERED THROUGH THE 'DIVAN' OR PERSONAL JUSTICE OF RULERS. THIS JUSTICE IS MORE OR LESS ARBITRARY BUT IS GUIDED BY THE ETHICS AND PRINCIPLES OF MOHAMMED. MEANS EXIST TO ENABLE PETITIONS TO BE HEARD AND CITIZENS RIGHTS TO BE PROTECTED. ITINERANT OR CIRCUIT COURTS HAVE BEEN ESTABLISHED, AND THERE ARE COURTS OF LESSER JURISDICTION. THE MOSLEM RELIGION AND THE ISLAMIC LEGAL SYSTEM HAVE SIDE APPEAL BECAUSE THEY MAKE NO DISTINCTION OF RACE OR COLOR AND TOGETHER FORM A COMPACT RELIGIOUS AND CIVIL SYSTEM. (DEP)
Index Term(s): Foreign courts; Islamic law; Laws and Statutes; Legal training; Religion
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51299

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