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Islamic and Western legal systems differ significantly in their foundations, principles, and approaches to law and governance. Here are the key differences:1. Source of Law:Islamic Legal System: Based on Sharia law, which derives from the Quran, Hadith (sayings and actions of Prophet Muhammad), Ijma (consensus among scholars), and Qiyas (analogical reasoning). The law is considered divine and immutable.Western Legal System: Based on secular sources like constitutions, statutes, case law, and regulations. It evolves through legislative processes, judicial decisions, and societal changes.2. Role of Religion:Islamic Legal System: Religion and law are inseparable; Sharia covers all aspects of life, including personal, social, economic, and criminal matters.Western Legal System: Secular in nature, with a clear separation of church and state, although religious values may influence some laws, particularly in more conservative societies.3. Legal Interpretation:Islamic Legal System: Jurists (ulama) and scholars interpret laws through various schools of thought (e.g., Hanafi, Shafi’i, Maliki, and Hanbali). Interpretation is influenced by religious texts and principles.Western Legal System: Judges and lawyers interpret laws based on legal precedents, statutes, and principles like justice and equality. Legal interpretation is often more flexible and adaptable to societal changes.4. Rights and Duties:Islamic Legal System: Emphasises duties and responsibilities towards God and society, with individual rights often framed within these duties. It includes concepts of justice, fairness, and moral conduct.Western Legal System: Focuses on individual rights, liberties, and freedoms, often prioritising personal autonomy and human rights over communal duties.5. Punishments:Islamic Legal System: Punishments can be severe and include corporal punishments like amputation, flogging, and the death penalty for certain crimes, especially under Hudud laws (fixed punishments prescribed by Sharia).Western Legal System: Punishments are typically less severe, focusing on imprisonment, fines, and community service. There is a greater emphasis on rehabilitation, especially in more progressive legal systems.6. Judicial Process:Islamic Legal System: Judges (Qadis) base their decisions on Sharia law and religious principles, with limited scope for appeal. The process can be less formal and more community-oriented.Western Legal System: A formalised process with clear rules of evidence, rights to appeal, and legal representation. Decisions are made based on evidence, legal arguments, and judicial precedents.7. Family and Personal Laws:Islamic Legal System: Family and personal laws, such as marriage, divorce, and inheritance, are strictly governed by Sharia. Laws often reflect traditional gender roles and religious obligations.Western Legal System: Personal laws are secular, with an emphasis on gender equality and individual rights, often reflecting evolving social norms.8. Economic Laws:Islamic Legal System: Prohibits interest (riba) and promotes ethical economic practices, like Zakat (charitable giving) and profit-sharing in business.Western Legal System: Capitalist in nature, allowing interest and promoting free-market principles, with legal regulations to manage economic activities.

Sufyan Kori Answered question August 28, 2024
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