Three Main Legal Systems in the World

Religious law refers to the notion of a religious system or document used as a legal source, although the methodology used varies. For example, the use of Judaism and halacha for public law has a static and immutable quality that excludes amendment by legislative acts of government or development by judicial precedent; Christian canon law is closer to civil law in its use of codes; And Islamic Sharia (and fiqh jurisprudence) is based on precedent and reasoning by analogy (qiyas) and is therefore considered similar to common law. [21] In civil law systems, court proceedings are investigations conducted by the court to determine how the facts fit into established codes of fact. The judicial system is designed in such a way that the jurisdiction of each court is a specific type of code: tax courts, administrative courts, maritime courts, constitutional courts, etc. As the world becomes more dependent, a fifth category of legal systems has developed – the hybrid legal system, a legal system that is a combination of two or more legal systems. Although Islamic jurists and scholars are constantly debating the application of Islamic law to the modern world, their debates are only academic considerations. However, to keep up with the progress of life, many Muslim countries have a mix of common law and civil law system as well as Sharia law. Religious law is a legal system that bases its laws on the texts and teachings of a religion. The most popular use of religious law today is in some Muslim-majority countries, where it is known as Sharia law.

It is used in combination with civil law in North African countries, including Algeria, Libya and Egypt. Sharia law is based partly on the Quran and partly on the example of the Prophet Muhammad. Some countries use a more literal interpretation of Sharia law than others. Religious leaders have legal power in countries that enforce religious laws because they are trusted to interpret religious texts and teachings. The system is more inquisitorial than adverse. The trial consists of a series of sessions, hearings and written communications during which the judge testifies. The judge prepares the issues to be decided on the basis of discussions with the parties. Generally, the judge questions witnesses and may include or exclude any questions submitted by lawyers when preparing questions. Finally, the judge decides the issues and gathers evidence before announcing a decision.48 It is only at the last hearing that lawyers and parties argue before the judge.

If there is a jury, its members are usually not recruited from the public, but selected on the basis of their expertise in the respective field. While ordinary juries are rare in civil justice systems, they are increasingly used in serious criminal cases. The common law is based on past traditions, practices and precedents created by the courts through the interpretation of statutes, legal statutes and previous judgments. The common law seeks to «interpret by previous decisions of superior courts interpreting the same statutes or applying established and customary principles of law to a similar situation.» There are also communist and socialist legal systems that are markedly different from traditional civil law systems. Legal scholars debate whether this is a distinct type of legal system or a subset of modern civil law systems. In a communist or socialist legal system, the nation has a code, but most property belongs to the government or agricultural cooperatives. Moreover, the judiciary is subordinate to the Communist Party and not to an independent branch of the government. The island of Guernsey is another example of customary law. Although it is one of the Channel Islands off the coast of England, Guernsey is not part of the United Kingdom.

The legal system of Guernsey derives from the medieval power of the monarch, the Duke of Normandy.53 The former Duchy of Normandy is an influential source of law in Guernsey. Duchestic laws developed in two periods, the Old Custom of 1199-1538 and the Reformed Custom of 1538-1804.54 The legal system of Guernsey also contains elements of English common law and modern statutory law enacted by the island`s elected legislature. Guernsey enjoys almost complete autonomy over its internal affairs, and the country determines many matters on the basis of ancient customary law, with elected bailiffs and juries making decisions.55 The main types of religious law are Sharia law in Islam, halacha in Judaism, and canon law in some Christian groups. In some cases, it is purely individual moral leadership, while in other cases it is intended and can serve as a basis for a country`s legal system; The latter was particularly common in the Middle Ages. Andorra, a small country in the Pyrenees on the border with Spain and France, relies in part on customary law. In Andorra, sources of customary law include canon law, canon law of the Catholic Church, Castilian law, French law and Roman law. Andorra was invaded at different times in its history and under the control of other European powers, and the Andorran legal system now reflects elements of each intruder`s laws. Today, Andorra is a parliamentary co-principality between the President of the French Republic and the Roman Catholic Bishop of Catalonia (Urgell). Andorra also has an elected parliament that can enact new laws.52 The legal system includes rules, procedures and institutions that allow public initiatives and private efforts to be carried out by legitimate means. In other words, it is a system of interpreting and applying laws.

Rights and obligations are developed in various ways. There are three major legal systems in the world are civil law, common law and religious law. Other legal systems include: The jury system is a legal system used to determine the facts at stake in a dispute. The tax system is a legal system for determining and collecting taxes. The electoral system is a legal system for making democratic decisions. Legal comparators and economists who defend the theory of legal origins generally divide civil law into four distinct groups: Another characteristic of common law systems is that cases are often decided by the jurors of the parties. In civil and criminal cases, parties generally have the right to have a jury of local citizens to settle the dispute. When a jury determines the outcome of a case, the judge acts as a «gatekeeper» who decides what evidence and legal arguments the jury can properly consider. The judge ensures that the parties receive a fair trial while the jury decides on the outcome of the trial. Religious legal systems derive from the sacred texts of religious traditions and generally apply to all aspects of life, including social and commercial relations. In religious legal systems, a religious document is used as the main source of law.

All the world`s major religions – Judaism, Christianity, Islam, Buddhism and Hinduism – have a religious legal system. The Islamic legal system (Sharia) with Islamic jurisdiction (fiqh) is the most widespread religious legal system in the world. Most nations that have religious legal systems use them to supplement their secular national system. Only Saudi Arabia (Islamic) and the Vatican (Christian) are pure theocracies that have only one religious legal system in their countries. A treaty that takes up a basic administrative principle and specifies exactly how it is to be applied will normally be effective. But the modification or deletion of an administrative principle may or may not be legally possible – this should be checked.