File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

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´┐Żethical principles that are universally accepted and formulated´┐Żsharia 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.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly