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марокко англ (1) (1).pptx
Divine Principles in Legal Practice
Religious Law Systems
Moscow 2025
Semenova Viktoria
Law system
Every country has its own system of law as each country hasdeveloped differently.
Two main traditions of law in the world
English Common law
Civil law
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English Common law has developed gradually throughout the history and is based on customs, court rulings (precedents) and statutes.
The most important concept of this law is the doctrine of precedent and the principle of equity.
However, beyond these two dominant secular traditions, a third major legal family exists: religious law.
Religious Law System
is a legal framework derived from sacred texts and religious doctrines. It considers divine revelation as the ultimate source of authority, blending legal norms with spiritual principles to govern both personal conduct and societal organization.
Main Types of Religious Law and Their Application
Islamic Law (Sharia) | Canon Law | Halakha (Jewish Law) | |
Sources | Quran, Sunnah, and scholarly consensus (Ijma), analogical reasoning (Qiyas). | Bible, papal decrees, ecumenical councils, the Code of Canon Law. | Torah (Written Law), Talmud (Oral Law), rabbinic literature and Responsa. |
Countries | Saudi Arabia, Iran, Sudan, Morocco, Malaysia, Indonesia. | Vatican City, global Catholic Church. | Israel (personal status matters for Jewish citizens). |
Key Characteristics | Distinguishes between duties to God (ibadat) and duties to other people (muamalat). It is not just a legal code but a comprehensive way of life. Different Islamic schools of jurisprudence influence its interpretation and application in different countries. | Governs the internal life and organization of the Catholic Church, including sacraments, clergy discipline, and church property. It operates as a fully functional legal system and binds all Catholic faithful worldwide in matters of faith and church order. | A detailed legal and ethical system derived from biblical commandments and rabbinic interpretations developed over millennia. It covers rituals, diet (kashrut), holidays, and civil law. |
Key Principles of Religious Law
Divine Origin: Laws are considered revealed rather than human-made;
Comprehensive Scope: Regulates both legal and moral behavior;
Immutable Core: Fundamental principles are unchanging;
Scholarly Interpretation: Religious authorities interpret sacred texts;
Personal Responsibility: Emphasis on individual accountability before God.
System of law in Morocco
Morocco demonstrates a unique hybrid model where Islamic Law (Maliki school) coexists with modern civil law. For example: Moudawana (Family Code): Governs marriage, divorce, and inheritance based on Islamic principles, reformed in 2004 to enhance women's rights; Specialized Family Courts: Judges apply both religious and civil law; Constitutional Status: Islam is the state religion, with the King as "Commander of the Faithful“.
the lower house of the Moroccan parliament
This scene from the TV series "Clone" (2001) directly demonstrates the principle of marriage guardianship (wilaya) in Islamic law, where Uncle Ali, as the senior relative, has the authority to decide matters related to marriage. His announcement reflects the norm of organizing marriage by the head of the family without the mandatory consent of the grooms themselves, which is in accordance with Sharia law. This scene serves as a clear example of the application of family religious law, excluding the personal relationships of the characters.
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