Islamic law has exercised its influence in legal systems of most Muslim countries. More recently a notable and growing group of Muslim immigrants and societies has advocated to gradual introduction of their law in the West and other non-Muslim countries.
Shariah law is the law of Islam. Its domain is wide. In family and personal matters its includes law on marriage, divorce and inheritance. It has rigorous criminal punishments, an area of the law that need to understand on context. Under shariah, robbery or theft will normally result in amputation of the criminal's limb. Adultery results in death by if committed by married person. It is reported that in countries like Afghanistan and Pakistan, eighty percent of population endorse these penalties. The western laws do not have such punishment in their home turf. However such unacceptable actions as honour killings, marital captivity, child marriages and discrimination against women are still taking place in the west .
Parallels with Western Legal Systems
Comparisons with Common Law
Parallels to common law concepts are found in classical Islamic law and jurisprudence including ratio decidendi (illah). Several fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence., they were perhaps in the west introduced in England after the Norman conquest of England. The Normans inherited the Islamic legal administration of the Emirate of Sicily. In particular, the 'royal English contract protected by the action of debt may be identified with the Islamic Aqd. English assize of novel disseisin may be identified with the Islamic Istihqaq, and the English jury with the Islamic Lafif.' The English trust and agency institutions in common law were possibly adapted from the Islamic Waqf and Hawala institutions. It is worth noting, however, that transfer of property to another for has 'use' developed largely in response to the requirements of feudal inheritance law. Trust law, in particular, is a creature of equity which derived from the parallel jurisdiction of the Lord Chancellor to decide matters independently of Royal Courts.
Other English legal institutions such as 'the scholastic method, the license to teach', the 'law schools known as Inns of Court in England (and Madrasas in Islam') and the 'European commenda' (Islamic Qirad) may have also originated from Islamic law. The methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems. These similarities and influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".
Comparisons with Civil Law
One of the institutions developed by classical Islamic jurists that influenced civil law was the Hawala, an early informal value transfer system, this is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the Aval in French civil law and the Avallo in Italian law. The 'European commenda' limited partnerships (Islamic Qirad) used in civil law as well as the civil law conception of res judicata may also have origins in Islamic law.
Comparisons with International law
Islamic law also made major contributions to international admiralty law, departing from the previous Roman and Byzantine maritime laws in several ways. These included Muslim sailors being 'paid a fixed wage' in advance 'with an understanding that they would owe money in the event of desertion or malfeasance. This was in keeping with Islamic conventions' in which contracts should specify 'a known fee for a known duration'. In contrast Roman and Byzantine sailors were 'stakeholders in a maritime venture, in as much as captain and crew, with few exceptions, were paid proportional divisions of a sea venture's profit. The shares were allotted by rank, only after a voyage's successful conclusion.' Muslim jurists also distinguished between 'coastal navigation, or cabotage,' and voyages on the 'high seas'. They also made shippers 'liable for freight in most cases except the seizure of both ship and its cargo.' Islamic law also departed from Justinian's Digest and the Nomos Rhodion Nautikos in condemning slave jettison. Islamic Qirad was a precursor to the European commenda limited partnership. The Islamic influence on the development of international law of the sea'can thus be discerned alongside the Roman influence.
Muslim Legal Systems in 21st Century
Depending upon the perspectives on Shariah a Muslim country hold, there are various types of Muslim legal systems being followed. However, the legal systems in Muslim countries in 21stcentury may be described as followed.
There is a modern or secular version being followed in secular Muslim countries like Mali, Kazakhstan and Turkey. However, these countries are under continuous pressure from Muslim public opinion to follow the traditional understanding of Shariah law. So far , these countries have declared themselves to be secular countries. In these regions, as well as the secular West, the role of Shariah is applicable only to the extant personal and family matters.
There are other legal systems in Muslim countries that have mixed kinds of laws. Examples are Pakistan, Indonesia, Afghanistan, Egypt, Nigeria, Sudan, Morocco and Malaysia. These countries possess legal systems of their own. However they are under the influence of Shariah. They also cede ultimate authority to their constitutions and the rule of law. In such countries mode is democracy. There are organized democratic elections. of authoritarian leaders.
There are Muslim countries which traditional perspective on Shariah . These countries include Saudi Arabia and Gulf countries there is limited role of constitutions or legislatures and the state head also has some authority to amend laws. Ultimately laws are derived from Shariah as interpreted by religious scholars. One may note here is that Iran shares some of these characteristics. However it also has its parliament that legislates in a manner consistent with Shariah.
Islamic law was one of the important legal systems of the medieval world. It had structured a new idea or new political, social and cultural ideas. In India, the Islamic law also played a very significant role in structuring the Indian administrative system, social, political and cultural. The Mughals played an important role in the judicial system in India. They brought significant changes in judicial system.
In this background there is a wide scope of addressing the issue of impact of Islam. This may be done through academic sensitization of judges, prosecutors and investigators. The Council Of Legal Studies is organizing a one-day National seminar- perhaps the first of its kind in India-it will address the issue of influence of Islamic law in legal systems all over the world. It aims at providing for initiation for academic discourse with all concerned belonging to Indian legal system., It seeks to generate new ideas for legislation and spur a more proactive approach in administrating justice. It also aims at exploring further scope of training and research in this (otherwise neglected) area of our legal system.
There is an urgent need to hold public debate through seminars, conferences, workshops and symposia to elicit valuable inputs from the ground. One may being together scholar to share their valuable thoughts. impressions and research studies The following are the themes of
1. Impact of Islam on Criminal Justice Administration
2. Impact of Islam on Environmental Laws,
3. Impact of Islam on International Law
4. Influence of Islamic Law on other Personal Laws
5. Impact of Islam on Human Rights Jurisprudence
6. Democracy and Islamic injunction of Shurah
7. Fundamental Rights under Islam
8. Influence of Islamic Law of Waqf on the Development of the Trust
9. Impact of Islamic Law on Commercial and Business Practices
10. Other topics relevant with the title.
Call for Papers
Research papers are invited from academicians, practitioners, researchers, scholars and students on the issues related to above themes. It is proposed that the selected papers will be published in a special volume this would be the outcome of the seminar in the form of an edited book (with ISBN No). Author of selected papers would be given an opportunity to present their papers.
Guidelines for Submission
Interested authors should submit an abstract of their original research/ papers or empirical studies. The abstract should briefly mention objectives, methodology, major results and implications (in about 500 words). All abstracts will be peer reviewed and evaluated before final acceptance. Authors of accepted abstracts will be invited to submit the full paper and present it at the seminar. Accepted s are to be published in the souvenir of the Seminar. The length of a full paper should normally not exceed about 5000 words (excluding tables, figures, illustrations and references .It must be typed in Times New Roman font Size 12 on A4 size paper with 1" margin on all sides with 1.5 line spacing using MS Word. The Blue Book: A Uniform System of Citation (19th ed.) should be strictly adhered to while submitting the abstract and full papers.
All the Abstracts and Full length papers shall be sent as an attachment on email id.:firstname.lastname@example.org; email@example.com.
- There will no Registration fee. Accommodation provided, only for those who register early
- Participants should fill the enclosed Registration Form and submit it latest by 25th April, 2017.
- Spot registration is also permitted but in such case seminar kit may not be available.
- Filled-in registration form can be sent electronically or by post. Details of Conference Sessions will be posted on the web-site-www.legalstudies.in
| ||Last Date for Submission of Abstracts by Post/E-mail (Softcopy): || 25 March,2017 |
| ||Intimation on Selection of the Paper: || 30 March,2017 |
| ||Last Date for Submission of Full Paper: || 25 April, 2017 |
| ||Soft Copy of Submissions should be addressed to|| |
| ||Hard Copy of the Submissions may be sent at: || |
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Venue-The venue of the Seminar will be announced soon.