Precedents and the role of analogy in Common Law and Islamic Law

Precedents and the role of analogy in Common Law and Islamic Law

This paper looks at the common grounds for legal reasoning based on analogy in common law and Islamic law. Despite the difference between the systems, based on the structure and sources, the use of judicial precedent and Qiyas (analogical reasoning) prima facie seem strikingly similar but unexplored...

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Bibliographic Details
Main Authors: Mohammad, Mohammad Tahir Sabit, Laluddin, Hayatullah
Format: Article
Language:English
Published: Serials Publications Pvt. Ltd. 2019
Subjects:
KBP100 Sources.Quran, Hadith, Ijma', Qiyas.
KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Online Access:http://irep.iium.edu.my/77123/
http://irep.iium.edu.my/77123/1/77123_Precedents%20and%20the%20role%20of%20analogy%20in%20Common%20Law%20and%20Islamic%20Law.pdf

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