Senin, 27 Desember 2010

TERM OF LAW



Term " law" coming from Arab language of hukmun with the meaning " specifying". In academic world, a more regular legal term befited with term of ius. written down Ius or constitutium is law and regulation (lege, droit, wet). Become, law can be interpreted as norm, both for written and also is unwritten. Law created by state bodys and government named by law and regulation (regel) or regulation of policy (regel policy, policy of regel). While monarchic laws named with Book ofKing. For customary laws which have been written down till now not yet owned special name.

Because of usage of ism or viewpoint / stream think which different each other, hence definition about law even also different each other also. There is four stream think which enough have an effect on in idea of law :

  1. Stream Natural Law or Natural Law, having a notion that prima facie or highest law, which from Positive Law him come. Natural Law come from God comand.
  2. Stream of Positivisme Law, having a notion that prima facie law is law coming or created by human being, namely Positive Law.
  3. Stream History Punish or Historical Law, having a notion that law is rule of the game in assocciation of social which is found in society, its meaning of law represent nation soul/ head.
  4. Stream Sociology Law, having a notion that order punish also come from religion institution and or society institution.

Minggu, 08 Agustus 2010

COMMON LAW AND RELIGIOUS LAW


Country Description
Bangladesh
Brunei
Gambia
India based on English common law, separate personal law codes apply to Muslims, Christians, and Hindus except in Goa which follows Civil law based on Portuguese civil laws, but criminal penal law is uniform
Malaysia based on English common law, personal law based on sharia law applies to Muslims
Nigeria Sharia is applied in some northern states
Pakistan based on English Common Law, some Islamic Law applications in inheritance. Tribal Law in FATA
Qatar