Examining the Foundations: Comparing Islamic Law and the Common Law of the United States

Barbara Massie Mouly

Research output: Contribution to journalArticle

Abstract

This article identifies fundamental differences between the common law legal system of the United States and the Islamic legal system. Although both systems have a religious foundation, this article argues that the religious foundations of the two systems contain different views concerning the jurisdiction of the civil government. The article describes the religious heritage of each system. The article then compares the two systems, viewing them through the lenses of two great principles of the common law: uniformity and equality.

Original languageUndefined/Unknown
JournalFaculty Publications and Presentations
StatePublished - May 1 2017
Externally publishedYes

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