Comparative Justice - Essay Example

Comparative Justice of the Law of the Concerned June 22, Comparative Law In a strictly Western context, law means aformal codification of the essential values, mores and expectations of a society. Yet, in a catholic context, this definition of law happens to be apt for all the societies, are they affiliated to any legal system. All legal systems tend to use the tool of law to shape, regulate and discipline their respective societies in consonance with the values and ethics that are sacrosanct and dear to them.

In that context there are many similarities and differences between the Islamic law and the US legal system If one tries to delve into the basis of the US legal system, it becomes lucidly clear that the US legal system as per the Judi-Christian tradition, traces its origins in relation to some divine power. The US notions of justice, fairness and honesty have their moorings in the Biblical texts. Similarly, the Islamic law traces its origins to the Holy Quran and the Islamic legal system believes law to be an expression of the will of God (Terrill, 2009).

The other pivotal fact is that the US legal system tends to employ the tool of law to shape a specific type of society that is in consonance with the essential American values and ethics. In other words, In America, the law is also considered to be a means of shaping and constructing a desirable society. In that context, the purpose of Islamic law is also the same. The Islamic law also intends to shape a society that is in consonance with the quintessential Islamic values, ethics and aspirations.

However, there exist also marked differences between the Islamic legal system and the US legal system. The US legal system tends to guide and restrain the actions of its denizens within a defined social domain. In contrast, the Islamic legal system not only pertains to the legal rights and obligations of its citizens but also tends to define their ethical aspirations. In other words an Islamic legal system not only governs as to what its citizens could do, but also defines as to what they cannot do (Terrill, 2009, p. 612). The second thing is that the US legal system is subservient to the requirements of the time and social circumstances that is the US law is open to relative interpretations.

However, the Islamic legal system considers Sharia to be an expression of the will of God that is sacrosanct and unchangeable in all times and societies (Terrill, 2009, p. 598). As per the Islamic legal system, it is not the law that is subservient to the requirements of the society, but rather it is the society that is to mould itself as per the requirements of the law. In that context, the Islamic law is quiet crystallized and closed. There is no denying the fact that both the US legal system and the Islamic legal system have historical origins and both tend to shape their respective societies in that context.

Yet, there do are ample similarities and differences between the two systems. ReferencesTerrill.R.J. (2009). World Criminal Justice Systems: A Survey. New Providence, NJ: Anderson Publishing.