An Analysis of Legal Systems: Common Law, Islamic, and Civil Law

This essay provides a comparative analysis of various legal systems, including common law, Islamic law, and civil law, highlighting their distinct characteristics and historical development. The essay explores the common law system's reliance on judicial precedent and the principle of 'everything is permissible except that which is forbidden', while contrasting it with the civil law system prevalent in many parts of the world. It delves into the Islamic legal structure, emphasizing its foundations in the Quran and the role of Sharia law, particularly concerning women's rights and family law. The essay examines the benefits and challenges faced by women within Islamic legal frameworks, addressing issues like marriage, divorce, and access to resources. Furthermore, it discusses the impact of globalization on legal structures worldwide, emphasizing the importance of understanding the similarities and differences between these systems. The essay also references the historical context, the role of legislation, and the evolution of these legal systems across different societies. The provided references support the analysis of various legal structures and their implications.

Running head: LEGAL SYSTEM
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The United States has a federal structure of government, written constitution, and the
common law legal structure. The legal structure is implemented in the expression of
convenience, which entails the multiplicity of structure, and the same is connected often in a
complicated manner. Thus it must be noted that in the country of the United States, the
expression “government” is implemented to designate what other nations termed “state.” The
characteristic of the common law involves there is not codified laws or written constitution. The
judicial pronouncement is obligatory (Guttmann 2016). That is, the pronouncement of the
highest court can normally be overturned by the same court or bu legislation. The extensive
liberty of the contract that is few sections are implied in agreement by though the sections
seeking to safeguard the private customers might be implied. Another characteristic of common
law is everything is treated as permissible except those which are forbidden by the legislation.
The common law structure of the law is considered as comparative less prescriptive than that of
civil legal structure. The government might, therefore, desire to preserve safeguards of the
citizens in the particular law connected to the infrastructure program that is being anticipated
(Humbach 2016). The civil law structure is especially those who were prior Dutch, French,
Spanish, German, Portuguese protectors, or colonies involving South and Central America.
In the United States, the federal government was created, and its authority is described by
the constitution of the country. The individual nation has its constitution; however, the institution
of the state governmental body inclined to monitor a similar general pattern that is followed by
the federal government (Llewellyn 2016). The federal legislative structure is the congress of the
United States that is comprising of House and Senate of Representatives. The executive authority
is generally established under the power of the president. The executive authority expands to
foreign and domestic affairs. Therefore subject to the particular constraints, the president permit

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law, sign and negotiate treaties, employ federal judges, cabinet officers, and other experienced
officers of government.
The procedure of globalization is the creation of legal structures in all nations. Knowing
the similarities and differences of the prevailing legal structure in worldwide is significant, the
method to identify the similarities and differences of legal structure is by the comparison method
(Salmon 2016). . The Islamic legal structure in this perspective is described as the legal structure
of god that it is implementation involves in its capability of the reasoning of human beings. Thus
based on the law of god versus in Surah-An- Nisa versus 59 can be designated as the source of
the Islamic legal structure. The conformity to the god, along with the historical method, implies
observing teachings that are enclosed Suhuf. Quran is the primary source of Islamic law. The
obedience command to Allah is instructed to observe the Messenger.
The historical background of the Islamic legal system initiates with the legislation of
almighty god that is conferred to the next group by prophet along with his Apostle. According to
Islamic law, every individual born in the world is regulated by Islamic law (Powell 2019). This
can be comprehended from the revelation of god as the legal verse in the QS. Therefore
especially Islamic legal structure from the perspective of the prophet Mohammad training the
antiquity of the development and growth of Islamic law. The common law is regarded as a
significant legal structure in the world. The legal structure developed through the range of
historical events, the range of a diverse source of legislation, doctrine, ideology, legal thought,
and institution. The legal custom was effectively implanted from England to diverse nations
worldwide that are geographically, culturally, and linguistically contrary to England. The
material perspective of the Islamic legislation in the context of god almighty guide all feature of
the life of human beings. Islamic law involves jurisprudence and sharia. Islamic legislation is

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diverse from that of western legislation that demarcates the law in public and private law.
Therefore identical to the customary law, Islamic law did not demarcate the legislation in public
and private law (Hallaq 2016). The demarcation in the area of the Islamic jurisprudence is
concentrated on the manner of human conduct in associations. Furthermore, by viewing the
association, it may be viewed that the nature of the Islamic law is twofold, comprising of the
relationship of human beings with god that is hablun minallah and relationship of human beings
with others that is hablun minannas.
The legal structure under which the woman resides in Muslim society is majorly dual.
They comprising of civil law that is obligated to the western legal structure in addition to that, on
the contrary, the family status law that is established on Islamic, Sharia religion-based
legislation. The civil legislation, along with that the constitution of the Muslim nation, facilitates
equal entitlements between men and women (Afrianty 2015). Nevertheless, the Islamic nature of
family legislation, as variously demonstrated in the Muslim countries, poses an obstruction to the
equality that is guaranteed to women. The Islamic family legislation discourses divorce,
marriage, child inheritance, and custody has been aimed for reformation. The advantages involve
family across the nations have robust incentives to permit the members of the family to take
benefit of the opportunities in respect of the formal employment concerning the development of
industrial and service sectors. Other benefits involve the woman who is working had avenues to
take the benefit of comparatively healthy education in the public sector and professional job with
profits. The challenges that had been encountered by the woman is their subjugation as for
instance, social, patriarchal relations which are preexisted in Islam and structure its changes and
general trends in the political economy of the world. Another challenge is the violence that is
committed against women as well as the restricted admittance to the resources, for instance,

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property. The material of marriage law and its implementation varies in several manners that
somewhat reduce the gender disparity of legislation on books. The women are capable of
persuading to abuse the regulations as well as loopholes for circumventing the disparity sections
that are enumerated in the legislation. For instance, the woman may write provisions in marriage
agreement that establish grounds of wife for divorce as well as the demarcation of the marital
assets after divorce (Khan and Siddiqui 2017). The benefits that are ensure comprising of the
capability of women to obtain the benefit of the egalitarian factors like accessibility to education,
liberty to work, participating in the public conduct involving politics. Another benefit involves
increasing the age of females for marriage and also necessitating the consent of bride positioning
conditions on the polygamy of the husband. The challenges that encounter assessable in the
context of the actual gender gap in the context of accessibility to resources and opportunities.
The challenges that face a high rate of fertility, as well as the mortality rate and disadvantage of
the woman in child and infant survival.
The woman concentrated work in several disciplines of social science primarily evolved
in the country of the United States and Europe; however, spread outside the western countries
involving the Muslim world wherein the reform institution of woman as well as the feminist
network become proactive. In the same period, the learning began to multiply in addition to that
program to create in the academic settings, organizations, and government with interest in the
economic development adopted more severe learning of women. The target of the government
policymakers expanded as they view the woman as resources that are underutilized, and they are
the prospective source of low-priced labor for the state-led modernization and industrialization
undertakings.

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References
Afrianty, D., 2015. Women and sharia law in Northern Indonesia: local women's NGOs and the
reform of Islamic law in Aceh. Routledge.
Guttmann, R., 2016. How Credit-money Shapes the Economy: The United States in a Global
System: The United States in a Global System. Routledge.
Hallaq, W.B. ed., 2016. The formation of Islamic law. Routledge.
Humbach, J.A., 2016. Whose Monet?: an introduction to the American legal system. Wolters
Kluwer Law & Business.
Khan, S. and Siddiqui, S., 2017. Islamic Education in the United States and the Evolution of
Muslim Nonprofit Institutions. Edward Elgar Publishing.
Llewellyn, K.N., 2016. The common law tradition: deciding appeals (Vol. 16). Quid Pro Books.
Powell, E.J., 2019. Islamic Law and International Law: Peaceful Resolution of Disputes. Oxford
University Press.
Salmon, M., 2016. Women and the law of property in early America. UNC Press Books.