The main source for the civil law system consist of: Constitution, legislation “statutes and subsidiary”, customary, international law and judicial precedents and conventions. For the common law system sources, it contain: Constitution (not in the UK), legislation “statutes and subsidiary legislation”, judicial precedent “common law and equity”, custom, convention and international Law . Basically, common law frameworks make reference to statute law, case law or judicial precedents and for the civil law statutes and other subsidiary legislations are the main sources for laws
In ancient society people were governed by many customary rules. International law contains many customary rules. Today customary rules of international law have been incorporated into many treaties. Customary rules will have the force of law. In that sense international law is a law.
The civil law system and the common law system are indeed two diverse legal systems. Most countries nowadays go with one of the two crucial legal structures which include common law or civil law . Before starting the comparison of those two key legal systems, we need to know what is law and why is it important to us. The law has many diverse classifications, but they are all based on the same perception which is the comprehension of enforceable guidelines that guides the relationship between people themselves and between people and society they live in. Law is important to us because it simply tells us what are our roles and obligations to our society and other individuals .
International law also could be defined as law among states and rule the society of it. Based on experts, Jeremy Bentham, International law is also called public international law or law of nations, the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. Therefore, we can conclude that international law is a law which rules all countries in this earth in order to create what we call as peace. Definition of Moral Code
All Muslim in Malaysia are governed by the personal law and a few other enumerated matters which are by Islamic law as set out in the various state Islamic law administration statutes. They are obligatorily subjected to the Syariah and to the jurisdiction of the Syariah Courts. However, the Syariah is not applied to non-Muslims and there is no non-Muslim is subject to the jurisdiction of the Syariah Courts. The federal laws are basically English Common Law which is Civil law where else the state laws are mainly Islamic law. This is because Malaysia has a parallel legal system of Civil and Islamic laws.
International Relations: Term Report Social Context: Overview Secularism is a very broad term representing a variety of different contexts. In the social context secularism refers to freedom. Freedom in all aspects but particularly related to religion. One must have the fundamental right to choose his/her own religion and practice it in their own manner, one may believe in any sort of ideologies without any interference from external entities, however, religious ideologies are to be kept as an internal matter and not a public or state matter. As Mohammad Ali Jinnah once said: “Religion is merely a matter between man and God.” According to Hassan Nisar a popular critic who often critiques various political parties and systems, he believes that our system is like an engine or a machine, and a machine is always secular.
As is often said, Islam is a way of life. Islam's precepts are not based on personal choice. Even with the Islamic disunity of Sunnis, Shi'as, Alawites, Wahhabis, and so many others, all have one quality in common: They dictate in very clear rules about what they can do and what they cannot do. Indeed, the expectation of how Muslims should live is not only religious (with the ultimate punishment of Hell fire) but it is also worldly (with the ultimate punishment of being ignored, exiled and, in extremis, executed). No you cannot drink or gamble or deny God's existence, etc.
THEORIES AS TO THE BASIS OF INTERNATIONAL LAW Much theoretical controversy has been waged over the nature and basis of international law. In the coming sections the various aspects of the theories trying to give satisfactory structure of the concerned law. Does International posses law quality ? One theory which has enjoyed wide acceptance is that international law is not true law, but a code of rules of conduct of moral force only. The English writer on jurisprudence, John Austin (1790-1859), must be regarded as foremost among the protagonists of this theory.
In other words, once the state practice and belief are established, the custom can form binding international law. Therefore, a declaration may become binding when its provisions, key parts or principles prescribed in it are in compliance with state practice and opinio juris. There are opinions that some parts of the UNDRIP are already customary law. For instance, Professor Wiessner wrote that “UNDRIP is a solemn, comprehensive and authoritative response of the international community of States to the claims of Indigenous peoples, where maximum compliance is anticipated. Some of the rights stated in UDRP may already form part of customary
Public International Law is the law of political system of nation-states. It is a diverse and autonomous system of law, independent of the national systems with which it cooperate and dealing with relations which they do not effectively govern. Public international law means the set of legal rules governing international relations between public bodies such as States and international organizations. Public international law is traditionally defined as the law between sovereign nation-states, later on, states, particularly within the relations of the laws of war, peace and security, and protection of the territories. Additionally to states as subjects of international law, other members are interested in international law activities and their developments include private entities, individuals, and international organizations.