World Legal Systems and Sharia Law

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The significant difference between religious system and other types of legal systems is religion plays an important role in religious legal system as a guide to deal with disputes, an enlightenment for the general community on the right understanding, and a decision making process based on scared texts. In Afghanistan, where Islam has the important role in the Afghan community, the solutions to settle disagreements and debates are provided by Islam. [1] According to some interviews, Islam can be seen as a guide to life and a largely accepted symbol of good conduct. [2] Moreover, the Islamic legal system could be more effective and efficient than the non-religious legal system, which is often exemplified by corruption, bureaucracy and authoritarianism. [3] In Nigeria, a Hisbah committee is established in each village in the local government that has responsibility for assisting police of preventing and reporting illegal acts, encouraging charity, guiding against obtaining interest, verifying orderliness at religious meetings, supporting in keeping the environment clean, providing an assistance in controlling traffic, dealing with civil disagreement between individuals and organizations. [4] It is clear that religion can play an important role in decreasing the crisis by providing unity and enhancing human self-respect. [5] To explain the important role of religion in religious legal system, many observations have been conducted. The result of them indicates that the police’s practice of religion such as Islam is the criteria to assess their policing jobs. [6] Take Afghanistan National Police as an example, the distrust of Afghan people on ANP commander was explained that “ because all the people from our region call him a non-Muslim”. [7] In broader view, the significant reason for the political crisis in Europe (EU) could be the loss of Christian roots, a primary religion of almost EU people, on its continent. [8] In making legal decision process, there is a difference in the countries, where their laws are subject to the Shari’a, which means that their legal courts have responsibility to decide on whether or not a given law is appropriate for the Shari’a. [9] Moreover, the constitutional courts can review the aspect in which other legitimate courts can apply the laws in order to make sure appropriateness of them for the Shari’a. [10] The significant difference of socialist legal system is that although socialist legal system has based on civil law, the power to determine the law belongs to the centralized powerbase or government and therefore, this type of legal system has faced difficulty of carrying out its legal duty to supervise the activities of government. In socialist legal system, law can be seen a tool to transform society. [11] Although the legal system has been reformed, protection of the state’s interest has been largely focused on. [12] Meanwhile, protection of individuals against the state has been paid little attention. [13] Take Chinese legal system as an example, a balance between authority and general public is still being searched by Chinese constitutional legal system. [14] More specific, court decision-making is being affected by intervention of higher-ranking officials and this causes the pressure on the courts from public opinion.

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