"The relevence of common law of judicial precedents in the sharia court system" Essays and Research Papers

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    Sharia Law in the Sudan

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    Sharia Law in the Sudan 16 MARCH 2010 The purpose of this paper is to define and discuss Sharia Law within the Combined Joint Task Force Horn of Africa area of responsibility‚ its influence in the Sudan‚ and its affect on U.S. interest in the region. Though Sharia Law represents a vital part of the customs and way of life for many countries in the Horn of Africa‚ specifically the Sudan‚ because of its roots in Islam and ancient Muslim traditions; it puts this area at odds with the western world

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    Law Precedent

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    PRECEDENT SETTING CASE CLN 4U0 The Queen v. Dudley and Stephens (1884)‚ 14 Q.B.D. 273 Court of Queen’s Bench‚ England Facts: Thomas Dudley‚ Edward Stephens‚ and the deceased‚ a boy between seventeen and eighteen years of age‚ were set adrift in a lifeboat during a storm on the high seas 1000 miles from the nearest land. They had neither food nor water to subsist upon. For twenty days‚ they managed to survive by catching and eating a turtle and drinking rain water caught in their oilskin

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    analysis of recent Supreme Court of Appeal judgments that have deviated from the stare decisis principle Lizl Pretorius June 2012 Dissertation submitted in partial fulfilment for the degree of Higher Diploma in Taxation International Institute for Tax & Finance in association with the Thomas Jefferson School of Law Abstract The decisions and methodology used by the Judges in a higher court‚ such as the Supreme Court of Appeal is binding on the lower courts. It is therefore imperative

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    Essay on Judicial Precedent

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    SR1IN0201 FOREWORD ....................................................................................................................... 1 GENERAL PAPER (MAURITIUS) ...................................................................................... 2 GCE Advanced Subsidiary Level .................................................................................................................. 2 Paper 8009/01 Paper 1 .....................................................................

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    COMMON LAW AS A LEGAL SYSTEM Common Law and Civil Law When defined in this way the term ¡§common law¡¨ is used to refer to a type of legal system called the common law legal system. The legal systems of various countries are modeled on the English legal system and these countries are said to have a ¡§common law legal system¡¨. This includes most of the British Commonwealth and the United States. The common law legal system involves such matters as trial by jury‚ presumption of innocence etc

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    The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been

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    In terms of the legal ban of Sharia law. I think I’m leaning towards supporting the ban because the bill mentions that it should only be excluded from the legal courtroom setting as should not be used in forming legislative decisions. The bill does not infringe on being practicing from in the private sector and Muslims still have the opportunity to practice their beliefs in accordance to Sharia‚ it just can not be used in a court of law. Also I believe the ban may be more justified because it makes

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    Judicial Precedent is the way that English Common Law has evolved since the time of Henry II when courts were unified into a national system‚ making it common throughout England. Integral to it is the Latin phrase ‘stare decisis’ which literally means ‘to stand by what has been decided’. Its meaning in the case of judicial precedent is very similar‚ that a Judge will go by the same ruling as a previous judge has in the same cases; providing that the precedent comes from a higher or equal court‚ if

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    PAGE 1 – THE NATURE AND AUTHORITY OF THE SHARIA PAGE 2 – HOW THE WILL OF GOD MAY BE KNOWN REGARDING CONTEMPORAY ISSUES PAGE 3 – AUTHORITY PAGE 4 – IMPORTANCE (GUIDE TO LIFE‚ ACCURACY) PAGE 5 – DIFFERING UNDERSTANDINGS OF IJTIHAD PAGE 6 – GLOSSARY Nature and Authority of the Shari’a In technical terms it is a clearly defined way of following the guidance of God that was left as a pattern for Islamic living by each of the messengers: Muhammad [SAW] left a Shari’a left for the

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    Common law versus civil law systems The two principal legal systems in the world today are those of civil law and common law. Continental Europe‚ Latin America‚ most of Africa and many Central European and Asian nations are part of the civil law system; the United States‚ along with England and other countries once part of the British Empire‚ belong to the common law system. The civil law system has its roots in ancient Roman law‚ updated in the 6th century A.D. by the Emperor Justinian and adapted

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