Mohammed Presiding: The Analogous Legal Approaches of Sharia and Common Law
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Authors
Kish, Steven
Issue Date
2016
Type
Thesis
Language
en_US
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Abstract
Common law and sharia law are often viewed as two diametrically opposed legal
traditions. This view is, as this thesis will explore, not only flawed but wrong. Due to the
existence of countries with dual legal systems, there is evidence that common and sharia
law systems can coexist with one another. This thesis contributes to the literature which
currently lacks an explanation of the similarities between common and sharia law with
respect to their legal reasoning, decision making, and patterns of thought. These similarities
create analogous systems wherein sharia and common law could feasibly be
interchangeable with one another. The compatibility argument relies on the examination of
corresponding judicial characteristics between the two to establish the fact that the two are
not only capable of coexisting with one another, but the judicial philosophy of one is
compatible within the system of the other.
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In Copyright