Questions to Think About Module 3 and 4

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Part I. Module 3: Questions to Think About. 1. How does the decision making process in Islamic law differ from what you typically know of law? How is it similar? In a comparison of Islamic law and civil law there is a variance of its legal system’s reflection of its historical and cultural experiences. The origins of the civil legal system are traced back to the Roman Empire. Civil law making is a function of the legislature; giving the judge the right to implement legal rules contained mainly in codes, laws and statues. On the contrary, Islamic law arose from the birth of Islam. As the Arab empire expanded, the Islamic religious and legal traditions became prominent in Central Asia and the Middle East (Esposito, 57-61). The Islamic legal system is based primarily on religious principles of human conduct and law is derived from principle sources such as the Qur’an, the Sunna, judicial consensus, and analogical reasoning (79-82). Both the Islamic law and the civil law systems constitute good faith doctrines, but civil law uses civil codes and consideration on the particularities on each case to make a judgment (78-84). 2. Do you think it’s easier to instill Christian morals or Islamic law into the political system of a county? Justify your answer. It is easier to instill a set of morals into a system rather than enforcing a political system to conform to one religious belief which is the centralized focus of Islamic law. Furthermore, Christian morals are viewed as simplistic because of the liberty to conscience. What helped our forefathers create a great nation and form a government were their principles and ethical sense of right and wrong. Some people may say that Christianity is a well-organized moral and spiritual theology. The Christian moral teachings derive from the Bible are teachings of love, kindness, charity, selflessness and etc. But the

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