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...
Main Authors: | , |
---|---|
Format: | Article |
Language: | English |
Published: |
Serials Publications Pvt. Ltd.
2019
|
Subjects: | |
Online Access: | http://irep.iium.edu.my/77123/ http://irep.iium.edu.my/77123/1/3-Mohammad%20Tahr.pdf |