Sharia law vs Civil Law
The majority of religions have spiritual precepts that dictate the practices that members of that
particular religious community adhere to. Certain religious laws are so strict that violators will suffer
severe penalties as outlined in the statutes pertaining to those particular communities.
Sharia is a set of
religious rules that govern the behavior of all Muslims. Sharia's code of ethics not only guides Muslims,
but it also establishes norms for most Islamic societies and nations. These laws specify exactly what
constitutes a lawful marriage, divorce, way of life, business dealings, and other moral conditions that
Muslims must deal with.
It is crucial to remember that while Sharia law governs the majority of Islamic beliefs, it occasionally
affects other citizens of those countries. This is due to the fact that Sharia law has a significant impact on
criminal, personal status, and governing patterns in areas where it is widely applied.
History Of Sharia Law
Following the passing of the Prophet Mohammed in 1632 CE, sharia laws were created. As Muslims
expanded their dominion over parts of the Horn of Africa and east China, these laws were established.
Muslims honored Mohammed both before and after his death, which led to the adoption of
Sharia.
This
is due to the fact that they regarded him as the most morally upright person on the planet and they still
do. Because of this reverence, Muslim scholars transcribed and preserved the majority of Mohammed's
proverbs, speeches, and calls to prayer in volumes known as Hadith. Eventually, these books were the
primary information source used by Muslims to create Sharia law.
Muslim leaders developed methods to
reconcile the various practices that Muslim civilians in the areas they occupied followed, which resulted
in the Hadith readings becoming a standard within Muslim society. The Hadith's acceptance paved the
way for the development of the following schools of thought: Hanafi, Maliki, Jafari, Shiite, Hanbali, and
Shafii.
The names of all these schools come from Muslims who first shared the concepts they teach.
These fields have varying implications for Islamic practices, depending on which parts of the Sharia their
original authors took them from. Furthermore, these schools' applications vary in terms of regions of
jurisdiction or nation because of their divergent ideologies.
Civil Law
While Sharia law is not based on religion, civil law does, and both aim to create a peaceful society that
exists under certain rules and guidelines. Achieving harmonious coexistence among people is never
simple because society is made up of people with a variety of traits, political philosophies, and social
backgrounds.
Because civil law defines boundaries on which all individuals must base their daily
practices, it tends to overlook the unique qualities of each individual. The major objective of this law is to
resolve conflicts pertaining to property ownership, business transactions, and potential. In other words, the primary goal of civil law is to establish a set of rules that all judges must abide by in an effort to
guarantee that courts deliver justice.
Civil wars have been used to settle disputes involving families,
property ownership, and accidents. This legal system defines principles for resolving conflicts that are
deemed too complex to resolve through common knowledge, which is almost exactly the same as
Roman law.
The legislature serves as the primary source of civil law in some countries, so the court system employs
specialized professionals to assist in resolving civil cases. Furthermore, this law makes court proceedings
investigative and therefore unconstrained by prior rulings.
Comparison Between Sharia Law And Civil Law
Despite the fact that these two types of laws work to guarantee just and equitable judicial systems,
which helps to provide solutions for many of the problems that face humanity today, they differ
somewhat in how they are applied and what is covered. First and foremost, there is a glaring distinction
between these two legal systems: Sharia law is based on Islamic principles, whereas civil law is unrelated
to any particular religion.
While civil law's provisions make use of concepts related to peaceful human
existence—ethical principles that are universally accepted and formulated—sharia bases the majority of
its legal principles on the teachings of Prophet Mohammed found in the Quran and Sunnah. Second,
unlike Sharia laws, many legislators have the authority to alter a country's civil laws based on the
jurisdiction of that country.
The fact that almost every nation, regardless of religion, has a set of civil laws governing its citizens with
regard to agreements makes civil law a universal concept as opposed to Sharia law, which is only applied
in Islamic nations. Depending on the application region, these two types of laws have different levels of
acceptance.
That is to say, due to various ideological differences, it is extremely rare to find a country
that has adopted both of these forms because they run parallel to each other. For instance, Sharia law
forbids homosexuality in any form, despite the fact that some nations have legalized the practice. As a
result, there is a good likelihood that disputes will arise in any case involving one of these two systems of
law in a nation that has adopted them.
Sharia law is extremely "rigid" and severe in comparison to common civil laws, as the majority of legal
scholars contend. This is due to the fact that civil laws can be bent by courts to fit particular situations,
something that Sharia law does not do. Furthermore, some Sharia-compliant punishments are extremely
severe and inhumane, such as the chopping off of hands in robbery with violence cases, depending on
the type of criminal offense committed.
In terms of justice and gender parity, civil laws guarantee all
people equal rights, regardless of gender; therefore, courts base their decisions on the evidence at hand,
rendering decisions that are proportionate. Sharia law exhibits some gender bias in the penalties it
imposes and the decisions it makes.
For example, according to provisions in Sharia law, punishments for
women involved in adultery is stoning; a sentence that court never passes on men. Although differences
exist between these two laws, law practitioners in these two fields must undergo extensive trainings
depending on area of specialization. In addition, they must be members of recognized law societies
within that community of application.
Conclusion
In conclusion, despite the fact that these two types of laws have many different
provisions, legal professionals must always make sure their rulings are
impartial.
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