Introduction History comprises of the growth, evolution and development of the legal system in the country and sets forth the historical process whereby a legal system has come to be what it is over time.
Like Judaic law, which influenced western legal systems, Islamic law originated as an important part of the religion. Sharia, an Arabic word meaning "the right path," refers to traditional Islamic law.
The Sharia comes from the Koran, the sacred book of Islam, which Muslims consider the actual word of God.
Since the Sharia originated with Allah, Muslims consider it sacred. Between the seventh century when Muhammad died and the 10th century, many Islamic legal scholars attempted to interpret the Sharia and to adapt it to the expanding Muslim Empire.
From that time, the Sharia has continued to be reinterpreted and adapted to changing circumstances and new issues. In the modern era, the influences of Western colonialism generated efforts to codify it. Development of the Sharia Before Islam, the nomadic tribes inhabiting the Arabian peninsula worshiped idols.
These tribes frequently fought with one another. Each tribe had its own customs governing marriage, hospitality, and revenge.
Crimes against persons were answered with personal retribution or were sometimes resolved by an arbitrator. Muhammad introduced a new religion into this chaotic Arab world.
Islam affirmed only one true God. The Koran sets down basic standards of human conduct, but does not provide a detailed law code. Only a few verses deal with legal matters. During his lifetime, Muhammad helped clarify the law by interpreting provisions in the Koran and acting as a judge in legal cases.
Thus, Islamic law, the Sharia, became an integral part of the Muslim religion. These political-religious rulers, called caliphs, continued to develop Islamic law with their own pronouncements and decisions. As a result, elements of Jewish, Greek, Roman, Persian, and Christian church law also influenced the development of the Sharia.
Islamic law grew along with the expanding Muslim Empire. The Umayyad dynasty caliphs, who took control of the empire inextended Islam into India, Northwest Africa, and Spain.
The Umayyads appointed Islamic judges, kadis, to decide cases involving Muslims. Non-Muslims kept their own legal system. Knowledgeable about the Koran and the teachings of Muhammad, kadis decided cases in all areas of the law.
Following a period of revolts and civil war, the Umayyads were overthrown in and replaced by the Abbasid dynasty. During the year rule of the Abbasids, the Sharia reached its full development. Under their absolute rule, the Abbasids transferred substantial areas of criminal law from the kadis to the government.
The kadis continued to handle cases involving religious, family, property, and commercial law. The Abbasids encouraged legal scholars to debate the Sharia vigorously. One group held that only the divinely inspired Koran and teachings of the Prophet Muhammad should make up the Sharia.
A rival group, however, argued that the Sharia should also include the reasoned opinions of qualified legal scholars.
Different legal systems began to develop in different provinces. In an attempt to reconcile the rival groups, a brilliant legal scholar named Shafii systematized and developed what were called the "roots of the law.
If the answer were not clear there, the judge should refer to the authentic sayings and decisions of Muhammad. If the answer continued to elude the judge, he should then look to the consensus of Muslim legal scholars on the matter.
Still failing to find a solution, the judge could form his own answer by analogy from "the precedent nearest in resemblance and most appropriate" to the case at hand. He constantly criticized what he called "people of reason" and "people of tradition.
By around the yearthe classic Sharia had taken shape. Islamic specialists in the law assembled handbooks for judges to use in making their decisions.The English common law was the system of law in England at that time and was quickly adopted throughout the colonies.
The English common law is rooted in centuries of English history. On looking at the historical development and substantive features of the legal systems of the world we can see that many of them fall into one of two families.
In the whole of human history only two peoples seem to have founded a secular, comprehensive, enduring, and widespread legal system: the Romans of the Ancient World and the Anglo-Normans. This system of legal professionalism, produced from the historical development of the common law, is still operational in Australia today, where barristers are accepted to the bar and reside in .
Methods of Legal Improvements.
Western European civilization is a rare exception in the history of the world. Most societies have not had the objective of improving their legal system. Where societies have attempted to be progressive, social necessities and social opinion are usually ahead of the law.
4 • • historical developmentorical development Congress made the Old-Age Insurance system a family program when it added benefits for dependents of retired workers and. This system of legal professionalism, produced from the historical development of the common law, is still operational in Australia today, where barristers are .