Mohammed Presiding: The Analogous Legal Approaches of Sharia and Common Law
Authors
Kish, Steven
Issue Date
2016
Type
Thesis
Language
en_US
Keywords
Alternative Title
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.
Description
The University of Nevada, Reno Libraries will promptly respond to removal requests related to content that violates intellectual property laws, data protections, or has been uploaded without creator consent. Takedown notices should be directed to our ScholarWolf team (scholarwolf@library.unr.edu) with information about the object, including its full URL and the nature of your complaint.
Citation
Publisher
License
In Copyright