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Comparative law : relationship between law and religion

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Mickey D.
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  1. Literature
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The promotion and securing of peaceful dispute settlement is typically one of the most critical, although difficult, objectives of the international legal system. The fundamental principles as well as methods, which govern the settlement of such disputes today, especially interstate disputes, are considerably similar to the ones identified and preserved in the Charter of the UN in 1945. Nevertheless, there are several issues in various method of dispute settlement.

[...] Contrary to this, customary courts are structured with a jurisdiction for handling such cases. Settling the dispute in this regard may have the judgment for adultery be at the customary judge discretion. The customary judge, who is often a trained lawyer, may solve the issue by sentencing the offender to a stipulated number of years or month imprisonment. Killing as a resolution for adultery cases is completely prohibited in Nigeria (Khoso, et al., n.d.). From these two cases, the religious and ethical differences are easily visible. [...]


[...] Regarding the issue of working across boundaries when it comes to civil or common law, an English solicitor once remarked that ?There is no difference between civil law and common law which matters? (Glenn, 2001: 984). On another incidence, it was observed by a French avocat that differences of common law and civil law no longer create communication problems which are detrimental to the effectiveness of our representation of clients? according to Glenn (2001: 984), while a United States attorney noted that ?advising on foreign law is no different from advising on domestic law. If a lawyer learns an area of the law, whether it is domestic or foreign, the lawyer will advise on it. [...]


[...] In resolving dispute cases involving adultery in Pakistan, the husband is given authority to kill his wife for such offence. In such cases, men are legally and religiously more powerful than women (Khoso, et al., n.d.). The same case applies to the Jirga, which is typically a council of elders who have the authority to solve a dispute by passing any judgement they find suitable. For instance, the Jirga can pass judgment instantly although some dispute cases requires them to delay such judgement due to the need for a wider consultations. [...]


[...] The Islamic law is then established to ensure that good behaviour exists in the society. The Sharia Councils in this regard are formed to manifest Muslim diaspora's needs for forums that adjudicate on Islamic law (Alf, 2013: 114). Under the Islamic Family Law, the councils are mainly set up to provide Muslim women with respective divorce certificates. These certificates are nevertheless issued to the Muslim women only on occasions whereby their husbands have declined to issue them with the required unilateral Muslim divorce (Alf, 2013: 116). [...]


[...] & Ogundeji, S., n.d. Comparative Law in the Global Context (M13HRM) :Comparison of Customary & Civil Laws in Nigeria and Pakistan. Presentation . KozyrIs, P. J COMPARATIVE LAW FOR THE TWENTY-FIRST CENTURY: NEW HORIZONS AND NEW TECHNOLOGIES. TULANE LAWREVIEW, Volume 69, pp. 165- 181. Lasisi, R. O Muslim traditional rulers in Nigeria: the Alaafin of Oyo during the last phase of British colonialism, 1945?1960. Journal of Muslim Minority Affairs, pp. [...]

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