Briefly explain different legal systems that are available all over the world.

Question: Briefly explain different legal systems that are available all over the world.

Introduction:

There are hundreds of legal systems throughout the world today. The contemporary legal systems of the world are generally based on one of three basic systems. However, the legal system of each country is shaped by its unique history. The legal system of our country is based on English common law.

Different Legal systems:

Jurists classify the existing legal systems upon relaying different principles i.e. origin, geography religion etc. The civil law, common law, and religious law are generally based on basic systems. However, each country often develops variations on each system or incorporates many other features in to the system.

1. Civil Law  
 2. Common Law 
 3. Customary Law.

4. Islamic Legal System  
 5. Mixed Legal System.

1. Legal Systems based on Civil Law:

Civil law is the most widespread system of law in the world. It is also sometimes known as Continental European law. The essential characteristic of a Civil Law system is that, it based on a clear set of codified documents rather then judicial decisions. Civil law systems mainly derive from the Roman Empire and also partly influenced by religious laws such as Canon law and Islamic law. There are many countries that processed Civil law system like Italy, French, Spain, Portugal, Greece and Turkey etc.

2. Legal Systems based on Common Law:

Common law developed in England, influenced by the Norman conquest of England which introduced legal concepts from Norman law. Common Law systems can be seen as the converse of civil law system. Essentially un-codified they are based on a scattered set of statutes and writs, and depend heavily on precedent. The role of judges in determining the meaning of law and there application is very much important in Common Law systems.

Common law was inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted and currently in practice like Ireland, Australia, India, Pakistan, South Africa, Canada  and many other places.

3. Legal Systems based on Religious law:

Religious law refers to the notion of a religious system as a legal source of law. Law in the religious sense includes codes of ethics and morality which is upheld by God. Examples include customary Hindu law, Islamic law. The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and canon law in some Christian groups.

Only two countries that is Afghanistan and Maldives adopts Islamic legal system which is purely based on the provision of AL-QURAN and HADITH or Sunna of Prophet (SM). Islamic

In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system.

4. Legal Systems based on customary law:

Legal Systems which is purely based on custom called customary law. There is only one country i.e. ANDORRA falls within this category of legal system.

5. Mixed Legal Systems:

Legal systems of most of the countries are fall within this category. A mixed legal system is the mixtures of any of two above mentioned legal system.

First: It can be mixtures of civil law and common law i.e. Scotland, South Africa and Thailand etc.

Second: It can be mixtures of common law and Islamic law i.e. Bangladesh, Oman and Pakistan etc.

Third: It can be mixtures of common law and Islamic law and customary law i.e. India and Malaysia etc.

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