Grenada Grenada based on English common law Hong Kong Hong Kong principally based on English common law India India based on English common law (except Goa, Daman and Diu which follow a Civil Law based on Portuguese Civil Law) Republic of Ireland Ireland based on Irish law before 1922, which was itself based on English common law Israel Israel based on English common law from the period of the British Mandate, also incorporating civil law and fragments of Jewish and Sharia law for family law cases Jamaica Jamaica based on English common law Kiribati Kiribati based on English common law Marshall Islands Marshall Islands based on U.S. Law Nauru Nauru based on English common law New Zealand New Zealand based on English common law Northern Ireland United Kingdom (UK) based on Irish law before 1921, which was itself based on English common law Palau Palau based on U.S. Law Pakistan Pakistan[9] based on English common law with some provisions of Islamic law Saint Kitts and Nevis Saint Kitts and Nevis based on English common law Saint Vincent and the Grenadines Saint Vincent and the Grenadines based on English common law Singapore Singapore based on English common law, but Muslims are subject to the Administration of Muslim Law Act, which gives the Sharia Court jurisdiction over Muslim personal law, e.g., marriage, inheritance and divorce. Tonga Tonga based on English common law Trinidad and Tobago Trinidad and Tobago based on English common law Tuvalu Tuvalu based on English common law Uganda Uganda based on English common law United States United States Federal courts and 49 states use the legal system based on English common law which has diverged somewhat since the mid-nineteenth century in that they look to each others cases for guidance on issues of first impression and rarely, if ever, look at contemporary cases on the same issue in the UK or the Commonwealth State law in the U.S. state of Louisiana is based upon French and Spanish civil law (see above) Religious and sharia law[edit] Main article: Religious law Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Jewish Halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian Canon law is more similar to civil law in its use of civil codes; and Islamic Sharia law (and Fiqh jurisprudence) is based on legal precedent and reasoning by analogy (Qiyas), and is thus considered similar to common law.[10] The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and canon law in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a countrys legal system. The latter was particularly common during the Middle Ages. The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is the most widely used religious law, and one of the three most common legal systems in the world alongside common law and civil law.[11] It is the most protected divine law, because, the majority of the rulings of Sharia law are based on the Quran and Sunnah, while a small fraction of its rulings are based on the Ulema (jurists) who used the methods of Ijma (consensus), Qiyas (analogical deduction), Ijtihad (research) and Urf (common practice) to derive Fatwā (legal opinions). An Ulema was required to qualify for an Ijazah (legal doctorate) at a Madrasa (school) before they could issue Fatwā.[12] During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law[3] and several civil law institutions.[13] Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law. Aleppo Codex: 10th century Hebrew Bible with Masoretic pointing The Halakha is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. Canon law is not divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, single bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England. Country Description Afghanistan Afghanistan Islamic law & American British Law after invasion Egypt Egypt Islamic law is ensured in Article 2 of the Egyptian constitution. The Gambia The Gambia English common law, Islamic law and customary law Ghana Ghana Based on English common law Iran Iran Shia Islamic law Libya Libya Islamic law Mauritania Mauritania mix of Islamic law and French Civil Codes, Islamic law largely applicable to family law. Morocco Morocco mix of Islamic law and French Civil Codes, Islamic law largely applicable to family law. Nigeria Nigeria Sharia in the northern states, common law in the south and at the federal level. Oman Oman Sharia and tribal custom laws Saudi Arabia Saudi Arabia Islamic law Sudan Sudan Based on Islamic law Vatican City Vatican City Based on principles of Italian and canonical law Yemen Yemen Islamic law Pluralistic systems[edit] Civil law and common law[edit] Country Description Botswana Botswana Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to the Bechuanaland Protectorate (now Botswana).[14] Cameroon Cameroon Cyprus Cyprus Based on English common law (Cyprus was a British colony 1878–1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian contract law, Greek Orthodox canon law, Muslim religious law, and Ottoman civil law. Guyana Guyana Israel Israel Originally (1948) based on English common law; in the process, influenced by German civil law—for instance, between 1962 and 1981, the Knesset issued twenty (20) wide-ranging laws, which were clearly influenced by civil law, and were in the form of codes. Religious law plays a role, especially in matters of personal status and family law, and judicial and legislative decisions take into account Jewish law (halakhah) on occasion.[15] JerseyJersey The Bailiwick of Jerseys legal system draws on local legislation enacted by the States of Jersey, Norman customary law, English common law and modern French civil law Lesotho Lesotho Based on South African law. An 1884 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Basutoland (now Lesotho).[14] Louisiana Louisiana United States (U.S.) Based on French and Spanish civil law, but federal laws (based on common law) are also in effect in Louisiana because of federal Supremacy Clause. Malta Malta Initially based on Roman Law and eventually progressed to the Code de Rohan, the Napoleonic Code with influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably in Public Law Mauritius Mauritius Namibia Namibia Based on South African law. South Africa conquered South-West Africa (now Namibia) in 1915, and a 1919 proclamation by the Governor-General applied the law of the Cape Province of South Africa to the territory.[16] Philippines Philippines Based on Spanish law; influenced by U.S. common law after 1898 Spanish and Philippine-American Wars, personal law based on sharia law applies to Muslims Puerto Rico Puerto Rico United States (U.S.) Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish-American war of 1898 and cession of Puerto Rico to the U.S.); federal laws (based on common law) are in effect because of federal Supremacy Clause. Quebec Quebec Canada (Canada) After the 1763 Treaty of Paris awarded French Canada to Great Britain, the British initially attempted to impose English Common Law, but in response to the deteriorating political situation in the nearby Thirteen Colonies, the Quebec Act was passed in 1774, which allowed a mix of English Common Law and customary civil law, based on the Coutume de Paris. Codification occurred in 1866 with the enactment of the Civil Code of Lower Canada, which continued in force when the modern Province of Quebec was created at Confederation in 1867. Canadian federal law in force in Quebec is based on common law, but federal statutes also take into account the bijuridical nature of Canada and use both common law and civil law terms where appropriate. Saint Lucia Saint Lucia Scotland Scotland United Kingdom (UK) Based on Roman and continental law, with common law elements dating back to the High Middle Ages Seychelles Seychelles The substantive civil law is based on the French Civil Code. Otherwise the criminal law and court procedure are based on the English common law. See Seychelles Legal Environment. South Africa South Africa An amalgam of Roman-Dutch civil law and English common law, as well as Customary Law. Sri Lanka Sri Lanka An amalgam of English common law, Roman-Dutch civil law and Customary Law Swaziland Swaziland Based on South African law. A 1907 proclamation by the High Commissioner for Southern Africa applied the Roman-Dutch common law of the Transvaal Colony (now part of South Africa) to Swaziland.[14] Thailand Thailand The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, and Indian laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity. Vanuatu Vanuatu Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. Zimbabwe Zimbabwe Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe). Civil law and sharia law[edit] Country Description Afghanistan Afghanistan Algeria Algeria Bahrain Bahrain Comoros Comoros Djibouti Djibouti Egypt Egypt Family Law (personal Statute) for Muslims based on Islamic Jurisprudence, Seaerate Personal Statute for non Muslims, and all other branches of Law are based on French civil law system Eritrea Eritrea Indonesia Indonesia Based on civil law of Holland and adat (cultural law of Indonesia)[citation needed] Jordan Jordan Mainly based on French Civil Code and Ottoman Majalla, Islamic law applicable to family law Morocco Morocco Based on Islamic law and French and Spanish civil law system Oman Oman Qatar Qatar Based on Islamic law and Egyptian civil law system (after the French civil law system) Syria Syria Based on Islamic law and French civil law system United Arab Emirates United Arab Emirates Based on Islamic law and Egyptian civil law system (after the French civil law system) Common law and religious law[edit] Country Description Bangladesh Bangladesh Brunei Brunei The Gambia Gambia Malaysia Malaysia based on English common law, personal law based on sharia law applies to Muslims Nigeria Nigeria Sharia is applied in some northern states Pakistan Pakistan based on English Common Law, some Islamic law applications in inheritance. Tribal Law in FATA Hybrid law[edit] Country Description India India The most prominent example of a hybrid legal system is the Indian legal system. India follows a mixture of civil, common law and customary or religious law. Separate personal law codes apply to Muslims, Christians, and Hindus. Decisions by the Supreme Court of India and High Courts are binding on the lower courts. Further, most of the laws are statutory and it also has a constitution which signifies the Civil nature of law in India. Systems by geography[edit] Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their geography. Click the show buttons on the right for the lists of countries. [show] v t e Law of Africa [show] v t e Law of North America [show] v t e Law of South America [show] v t e Law of Asia [show] v t e Law in Europe [show] v t e Law of Oceania See also[edit] Anarchist law Comparative law English common law International customary law Islamic law Legal pluralism Journal of Legal Pluralism Rule of law Rule According to Higher Law Socialist law Soviet law Tribal sovereignty Western law Comparative law wiki External links[edit] World Legal Systems, Website of the Faculty of Law of the University of Ottawa Australian Institute of Comparative Legal Systems Factbook list of legal systems International & Foreign Law Community References[edit] Jump up ^ BrightKnowledge.org, accessed 12-24-2012 Jump up ^ Badr, Gamal Moursi (Spring 1978), Islamic Law: Its Relation to Other Legal Systems, The American Journal of Comparative Law 26 (2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24–25, 1977]): 187–198 [196–8], doi:10.2307/839667 ^ Jump up to: a b Makdisi, John A. (June 1999), The Islamic Origins of the Common Law, North Carolina Law Review 77 (5): 1635–1739 Jump up ^ Andorra (11/07) ^ Jump up to: a b The World Factbook Jump up ^ Jaime B. Berger Stender Attorney at Law author, Tijuana, B.C., Mexico Jump up ^ Valeriu Stoica (2009). Drept civil. Drepturile reale principale. Bucharest: C.H. Beck. pp. XIII. Jump up ^ Magna Carta. Retrieved 10 November 2006. Jump up ^ The World Factbook Jump up ^ El-Gamal, Mahmoud A. (2006), Islamic Finance: Law, Economics, and Practice, Cambridge University Press, p. 16, ISBN 0-521-86414-3 Jump up ^ Badr, Gamal Moursi (Spring 1978), Islamic Law: Its Relation to Other Legal Systems, The American Journal of Comparative Law 26 (2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977): 187–198, doi:10.2307/839667 Jump up ^ Makdisi, George (April–June 1989), Scholasticism and Humanism in Classical Islam and the Christian West, Journal of the American Oriental Society 109 (2): 175–182 [175–77], doi:10.2307/604423 Jump up ^ Badr, Gamal Moursi (Spring 1978), Islamic Law: Its Relation to Other Legal Systems, The American Journal of Comparative Law 26 (2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977): 187–198 [196–8], doi:10.2307/839667 ^ Jump up to: a b c Pain, JH (July 1978). The reception of English and Roman-Dutch law in Africa with reference to Botswana, Lesotho and Swaziland. The Comparative and International Law Journal of Southern Africa 11 (2): 137–167. Jump up ^ E.g., see the work of Menachem Elon and Nahum Rakover. Jump up ^ Geraldo, Geraldine Mwanza; Nowases, Isabella (April 2010). Researching Namibian Law and the Namibian Legal System. Retrieved 7 May 2013. Moustaira Elina N., Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2004, ISBN 960-15-1267-5 Moustaira Elina N., Milestones in the Course of Comparative Law: Thesis and Antithesis (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2003, ISBN 960-15-1097-4 [show] v t e Law [show] v t e Systems and systems science [show] v t e Jurisprudence [show] v t e Lists of countries by laws and law enforcement rankings
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