Islamic legal system

Islamic systems are found in the Middle East and some other parts of the world to which Islamic religion has spread. Islamic law is not an independent branch of knowledge. Islamic law is an integral part of Islamic religion. “Islam” means submission or surrender and implies that individuals should submit to the will of God. Islamic religion states what Muslims must believe, and includes the Shari’a (“the way to follow”), which specifies the rules for believers. Unlike other systems of law based on judicial decisions, precedents, and legislation, Islamic law is derived from four principal sources. The major source of Islamic law is the Koran (the word of God as given to the Prophet). The second source is the Sunna (the sayings, acts, and allowances of the Prophet). The third is judicial consensus (like precedent in common law). Analogical reasoning is the fourth primary source of Islamic law. It is used in circumstances not provided for in the Koran or other sources.

Islamic law mandates (sanctions) rules of behavior in the areas of social conduct, family relations, inheritance, and religious ritual, and defines punishments for heinous crimes including adultery, intoxication, theft, and robbery. For example, in the case of adultery, the proof of the offence requires four witnesses, or confession. If a married person is found guilty, he or she is stoned to death. Stones are first thrown by witnesses, then by the judge, followed by the rest of the community. It is important to remember that sanctions attached to the violation of Islamic law are religious rather than civil.

EXERCISE 12. Translate the given passage into English.

В мире существуют различные правовые системы. Специалисты в области права обычно различают систему общего права, романо-германскую, мусульманскую систему. Система общего права также часто называется англо-саксонской или англо-американской правовой системой. Она в основном действует на территориях англоговорящих стран. Романо-германскую систему часто называют системой гражданского права или континентальной правовой системой. Она действует в большинстве европейских стран. Исламскую правовую систему также называют мусульманской системой. Она встречается в странах Среднего Востока и тех странах, где исповедуют Ислам.

 Focus on grammar. Passive vs. Active

Passives are very common in legal writing. Passive verbs have some specific uses:

• when the author is more interested in facts and events than in people,

• when the actor is unknown or unimportant,

• in writing about disasters and accidents if the result or the victim is more important than the cause.

EXAMPLES:

• The Act prohibiting the sale of narcotics was passed last year.

• The criminal was arrested last night.

• The child was injured.

Active sentences must have a subject, verb, and direct object. But the passive must have only a subject and verb. Additional information is optional in the passive.

ACTIVE: The victim filed charges against the offender.

PASSIVE: The charges were filed (by the victim).

We form the passive by using the appropriate tenses of the verb to be followed by the past participle of the verb we are using.

Most passive verbs can be changed into active verbs.

PASSIVE:

1. In most cases, some form of payment is required from the offender to compensate for the injury he or she caused.

2. The offender was required to compensate for the injury he caused.

3. Some form of payment will be required from the offender to compensate for the injury he caused.

ACTIVE:

1. In most cases courts require the offender to compensate for the injury he or she caused.

2. Court (judge) required the offender to compensate for the injury he caused,

3. Court (judge) will require some form of payment from the offender to compensate for the injury he caused.

ADVANTAGES OF THE ACTIVE VOICE

• An active construction can give more information in fewer words.

• An active verb makes your writing livelier and more vivid.

EXERCISE 13. Change the passive pattern in the following sentences into the active one.

1. The content of law can be categorized as substantive and procedural.

2. Procedural laws are rules, concerning how substantive laws are to be administered, enforced, changed, and used by players in the legal system.

3. Public law is concerned with the relationship between the individual and the state.

4. Private law is concerned with the relationships between individuals.

5. Occasionally, a criminal action may be followed up by a civil suit.

6. Common law is not based on acts of parliament but on case law.

7. Statutes are enacted by national parliaments.

8. Civil law system was greatly influenced by Roman law.