Concept | Islamic Societies | Western Societies (U.S. Justice System as an Example) |
Foundation of the law | Islam and its principles serve as the platform for jurisprudence and legislation | Democratic principles denying the dominance of any religious principles define the choice of the legal standards and practices |
Role of the key legal figures |
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Court | The Islamic court represents a rigid structure based on the Sharia principles | A typical Western court represents a rigid structure based on the principles established in the state law. For instance, in the U.S. justice system, the Constitutional Law and the Amendments play an important part. |
Court types |
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Punishment | Physical punishment may ensure in specific cases; | Typically, physical punishment is absent from the Western legal system; instead, either prison time or fine is used as a punishment (Rosen 166). |
Social justice |
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Political structure |
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Criticism and the focus thereof | In the Islamic justice system and especially the social justice framework, the principles of secularism are typically targeted. | In the western philosophy, the ideas of Utilitarianism are deemed an ethically questionable from the perspective of the legal system; |
Freedom and responsibility | Freedom and responsibility are defined by the principles of the Sharia; | The postulates of liberty and responsibility are defined by the existing democratic principles; |
Rationality from the perspective of the legal system |
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Equality as the cornerstone of the contemporary justice system | Equality playing the second part in the context of the Islam legal standards compared to the notion of liberty | Equality regarded as a critical component of the social justice philosophy; |
Supporter of justice | The social principles and the well-being of the general audience is regarded as the supporter of justice | The Individualist ideas serve as the key supporter of justice and the relevant regulations; |
Social order | Social order is viewed as the direct effect of the realization of justice. | Social order is regarded as the implication of an individual’s decision-making and the choices made by them. |
List of social minimum | Human instincts serve as the foundation for the implementation of the social minimum justice. | The original position concerning the concept is supported. |
Concept of the human civilization |
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Public issues |
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Abiding the law |
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Works Cited
Ford, Lynne E., et al. American Government and Politics Today. 2017-2018 ed., Cengage Learning, 2016.
Hamoudi, Haider Ala, and Mark Cammack. Islamic Law in Modern Courts. Wolters Kluwer Law & Business, 2018.
Rosen, Lawrence. Islam and the Rule of Justice: Image and Reality in Muslim Law and Culture. University of Chicago Press, 2018.