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Islamic and Western approaches to legal theory have distinct differences, shaped by their unique historical, philosophical, and cultural contexts. Here are some key differences:

*Sources of Law*

1. *Islamic Law*: The primary sources of Islamic law are the Quran, Hadith (Prophetic traditions), Ijma’ (consensus of Muslim jurists), and Qiyas (analogical reasoning).

2. *Western Law*: Western legal systems rely on constitutions, statutes, case law, and regulatory laws as primary sources.

*Legal Methodology*

1. *Islamic Law*: Islamic jurists employ a methodology that combines revelation, reason, and tradition. They analyze the Quran and Hadith to derive legal principles and rules.

2. *Western Law*: Western legal systems rely on rationalism, positivism, and empiricism. Judges and lawyers analyze statutes, case law, and regulatory laws to apply the law.

*Role of Judges and Jurists*

1. *Islamic Law*: Islamic jurists (fuqaha) play a crucial role in interpreting and applying Islamic law. Judges (qadis) apply the law based on the jurists’ interpretations.

2. *Western Law*: Western judges play a more prominent role in interpreting and applying the law. They have more discretion in their decisions, and their rulings can set precedents.

*Concept of Justice*

1. *Islamic Law*: Islamic law emphasizes the concept of justice (adl) as a fundamental principle. Justice is seen as a means of achieving fairness, equality, and compassion.

2. *Western Law*: Western legal systems also emphasize justice, but the concept is often more focused on individual rights, due process, and the rule of law.

*Relationship between Law and Morality*

1. *Islamic Law*: Islamic law is deeply rooted in morality and ethics. The law is seen as a means of promoting moral values and ethical behavior.

2. *Western Law*: Western legal systems often separate law from morality, focusing on the letter of the law rather than its moral implications.

*Legal Pluralism*

1. *Islamic Law*: Islamic law recognizes the concept of legal pluralism, where different schools of thought and jurisdictions coexist.

2. *Western Law*: Western legal systems often prioritize uniformity and consistency, with a focus on a single, overarching legal framework.

Maria Khalid Answered question November 23, 2024
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