Islamic criminal justice system to the criminal justice Systems of the common Law and the Civil law
Law is implied to hold a fundamental position in the societal system of the western and near eastern regions. Two customary beliefs are present in these "law-centered" societies. The custom of divine revelation is the first one. This has given rise to the Talmudic and Islamic systems of law, among which the importance of Islamic legal system is increasing in many nations. The other is the custom of involvement of the public that gave rise to either Greek and Roman models and consequently the civil law system, or the weird historical happenings in England from which the common law system has emerged. Islamic law is neither a remnant from the history nor a revisit to ancient origins, but somewhat an intricate, multithreaded cluster of thoughts and actions that the Islamic persons shaped and customized as they opposed and accepted Euro-American colonial endeavor.
Modern Islamic legal systems, akin to the modern general and civil law systems of Western democracies, obtained their current structure since the previous two centuries as Westerners popularizing capitalism and others following diverse objectives acted together and impacted each other throughout the world. Islamic systems are recognized as Muslim or Arabic justice, and obtain every method and functioning from reading of the Koran. Yet there are exceptions. Several tribes namely the Siwa of the North African desert have come from the primeval Greeks and follow Urrf law- the law of tradition instead of the stricter Shariah penalties. Islamic procedures commonly are featured by the lack of optimistic law-utilizing law to propel societies ahead to certain advanced future and are founded in greater measure on the idea of normal justices -crimes are regarded as performances of unfairness which clash with tradition. 1
In Islamic systems, religion plays a vital part in such a greater measure that majority of this categories are theocratic states, wherein regulation of the law and religion go hand in hand. General legal systems are also recognized as Anglo-American justice and are enforced in majority of English-speaking nations of the globe, like the U.S., England, Australia and New Zealand. They are characterized by a tough antagonistic structure wherein lawyers deduce and judicial functionaries are compelled by example. Usual law systems are characterized by the importance given to precedent. They mainly depend upon verbal system of substantiation wherein the public examination is the chief central point. The substitute to general law, in the Western legal custom, is Civil Law in totality. Civil law is enforced in nearly all of Europe and erstwhile European colonies, leaving aside England, as well as Lain America. 2
It indicates to a scheme of statutory law and is generally segmented into French, German and Scandinavian Civil Law. Civil law systems are also regarded as Continental justice or Romano-Germanic justice, and followed nearly in all of the European Union and also in other countries like Sweden, Germany, France and Japan. Particularly, the origins of French and German Civil law lie in primeval Roman law, but Civil laws have influences of Germany. A revolutionary accomplishment was the French Napoleonic Code that impacted the German tradition a great deal. They are marked by tough investigative structure where scanty liberties are approved to the guilty, and the encoded law is accepted as gospel and open to meager explanation. For instance, a French dictum is stated as: If a judge has knowledge of the answer, he should not be barred from getting it through unjustified concentration to legal procedure and substantiation. 3
On the other hand, the general legal method necessitates for a judge to postpone conviction pending the completion of the examination of the sporting occasion. Legal erudition is refined to a great extent and superior in civil law systems, unlike the more democratic common law nations in which anyone can join a law school. Romano-Germanic systems are set up on the origin of natural law that is a reverence to tradition and custom. In a civil law system the royals or leaders are not affected by any law in any manner, unlike the common law view that binds and subjects everybody to law.
As a consequence of the enforcement of the Roman law during the middle ages there was a regenerated attention in the Roman laws. Shortly, Roman law was enforced in legal practice -particularly in the sphere of civil law. This course of reacceptance of Roman law happened at different times and to diverse areas throughout Europe, leaving aside England. Hence since the 16th century henceforth, Roman law was operational in most regions of Europe. Nevertheless, in the course of implementation a lot of Roman regulations were combined with, or modified to accommodate, the legal standards of the different European nations. In the shape of the Ius Commune, Roman law was operational in many jurisdictions before national codes outmoded these rules during the 18th and 19 centuries. In several areas of the German Reich, Roman law stayed the most fundamental resource of regulations until the launching of the German Civil Code in the year 1900. 4
Starting in the 15th century, several European nations occupied North and South America, Africa and also parts of Asia. Imperialist expansion popularized the civil law system as colonizers dictated their legal system on their colonies. Following attaining freedom, several former colonies maintained the civil law system set up by France. Other erstwhile colonies selected a customized civil law system. As opposed to all other American state, the state of Louisiana has civil law system in place for non-criminal purposes. The system started in the time when Louisiana was occupied by France and subsequently Spain. Some previous colonies set up their new laws not on the specific civil law system of their colonizer, rather on the civil law custom in general. For instance, Bolivia, previously occupied by Span, implemented a system having resemblance to the French code. 5
Hardly any country which was not colonized by nations with civil law systems, like South Korea and Greece, had put in place the civil law model. A small number of nations continue a mixed legal system, uniting civil laws with other legal powers. For instance, in Scotland, the legal system comprises elements of civil and common law. Essentials of Islamic Law are also found in civil law system of several African and Middle Eastern countries. The common-law structure of England, and subsequently of the U.S. developed in a different way. Prior to the Norman Conquest of 1066, England was a fragile amalgamation of societies with its legal system being more or less tribal and local. The Anglo-Norman administrators made a system of centralized courts which functioned under one set of rules that override the regulation set by previous societies. This particular legal system, recognized as the common law of England, started with common customs, but in the course of time, it drew in the courts in lawmaking which was receptive to the alterations in society. 6
Presently Roman law has been superseded by modern codes. These codes though did not make new law from the staring point. But, somewhat to a greater part, the rules of Roman law that had been communicated were kept in a legal scaffold, which gave a modern, methodical order. This is specifically accurate with respect to the German Civil Code. To wholly comprehend the German Civil Code, it is imperative to have knowledge on the legal edifice on which it rests. As this holds well for German law, it is also true in the same manner to most contemporary European legal systems. Most significant of all, Roman law will possess immense importance with regard to the formulation of consistent legal rules, which assists the course of political integration in Europe. Roman law is the familiar basis on which the European legal system is created. Thus, it can give out as a source of regulations and legal standards which will combine with the national laws of the numerous and diverse European states. 7
There lies a significant difference among Civil law and Common law in procedure and language, than in their essential matter. In the provinces of the erstwhile Soviet Union and its allies and other leftist nations like Vietnam, North Korea, China and Cuba, a type of socialist regulation basing on the civil law custom was formed. The culmination of the cold war saw almost all of these countries including significant rules procedures attuned with private possessions and the performance of business into their legal systems. In Arab and further Islamic nations like Saudi Arabia and Iran, customary Islamic Law taken from the Koran might be used. There is much similarity in these two customs. Both have resulted from Western civilization and have a common cultural and ethical legacy. Common Law and civil law legal customs have common social aims as individualism or personal rights or liberalism and they have merged in one family, the Western law family due to this functional connection. 8