Global Legal History Assignment for Lecture 9 Student Name

Global Legal History Assignment for Lecture 9 Student Name: Ahmad Bayazid Student Number: 2014175
After I have read the mandatory literature about Islamic law1, and literatures from Theme 1 which are pertain to the common law and Roman law legal traditions, I can say that I partly agree with given statement that Islamic law is a Jurist’s law and partly disagree. In the following paragraph/s I will support my study and give more details on why I disagree or agree with the given statement.
Roman law is a legislator’s Law:
As for what is said that Roman law is legislator’s law, I strongly agree with this view. The best example to start with is the Law of Twelve Tables (450 BC), this law played very important role in the Roman law, and it shows that the roman law was made by the legislators. The law of twelve tables emerged during the Archaic period which date back to (700 BC 200 BC)2.
Common law is a Judge’s law:
The Common law system is mainly based on case law and precedents. It was developed case by case and it can be characterized as judge- made law3. Since the Common law was emerged in the Court and by the judges, I do agree with the statement that the Common law is a Judge’s law. Furthermore, the courts have played very important role during the Common law history, Examples: Westminster court, the court of Common Pleas, Court of Chancery, and so on. Writs also were produced by the mentioned Courts.
Islamic Law is a Jurist’s law:
Even though, the Jurists have played an important role in the development of Islamic law, I cannot say that Islamic law is a Jurist’s law. Islamic law is a God-Given Law Unlike Roman and Common law, Islamic Law is mainly based on religious sources The Holy Quran and Sunna of the Prophet Mohammed. In other words, it is God-made law. However, the Jurists have contributed the development of law through the different Islamic Schools, and their contributions cannot be denied. Jurists, have also helped in the development of other Islamic law sources, such as, Qias, Isthsan, and so on, but even these sources had to be in line with the Quran and Sunnah. Therefore, I would say that Jurist’s work had a great impact on Islamic law, especially in areas where the primary sources remained silent, but again it had to be in line with Quran and Sunna.


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