Topic:
What prevents Islamic justice system and modern laws (Common law and civil law) from finding common ground by modifying their principles so as to develop a law of a nation based on equality and reciprocity?
Why didn’t Islamic countries find a common point which connects with Islamic justice system and modern law to modify their principles and develop a national law which can stand for equality and reciprocity? This question puzzled us who are not the Moslem quite hard, but for Islamic countries, there are some history and instruct reasons which maybe we cannot understand very clearly, and the focus of this assignment is just trying to make it clean and understandable.
It is quite pervasive for the western countries influenced on Middle Eastern law on its contemporary operation. “But whether in the Bible, the Qur’an, and earlier in Hammurabi’s Code, concern with law is a century-old phenomenon.” A supported opinion is: ”With all the historical and synchronic diversity in the region, a comprehensive approach to the discipline can depart from a premise which may be useful if taken as a relative guiding point of historical sedimentation: that the common law of the Middle East, in so far as it can be discerned, is Islamic.” As one of my Pakistan friend’s saying, “Moslem believe their principles are created by the god, and no one has that power to change it” but “cause there are lots of interpret with the principles, and different people have the different opini无忧论文 【http://www.uklunwen.com】ons, that is why Moslems also it is necessary to change it, but to change which part and how to change is still arguable”.
Bibliography
Bertolt Brecht, ‘Islamic law: reflections on the present state in western research’, al-Abhath (American University of Beirut), 43, 1995, 3-34.
Bertolt Brecht , ‘L’etat de la recherche en droit musulman su Moyen-Orient’, 61 Travaux et Jours (Universite saint Joseph, beirut) 231-60 (1998).
Bertolt Brecht, ‘From Islamic to Middle Eastern Law, A Restatement of the Field’, Part 1.
Majid Khadduri, ‘Islam and the Modern Law of nations’, School of Advanced International Studies, The Johns Hopkins University.
J.N.D.Anderson, ‘ Modern Trends in Islam Legal Reform and Modernisation in the Middle East’.
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