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Showing posts from June, 2018

Definition of law and types of Law in English Jurisprudence

Introduction Law is define as a set of rules, regulations and restrictions that apply to all members of society.   Law  define how people should behave or conduct themselves, and provide sanctions and deterrents against improper and destructive behavior. Law provide the social boundaries of a society. These boundaries is varies from country to country and culture to culture of the society. In below we will discussed the law in details and its various types of laws and kinds of rules by a sovereign.  Definition Law  is a system of rules that are created and enforced through social or political institutions to regulate behavior of the people living in a society.  Type of Law Sir John Salmond ( English Jurist) refers to eight kinds of law. Imperative Law Physical or Scientific Laws Nature or Moral Laws Customary Laws Technical or Practical Laws Conventional Laws International Law Civil Law Imperative Law According to John Salmond : Imperative law means

Justice. Meaning of justice and different stages of criminal administration of justice

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Introduction Any concept of state or any society does not exist without justice. George Washington said the administration of justice is the firmest pillar of the government. Law exists to bind together the community. It is sovereign and cannot violate with impunity. The most essential function of the state is basically two. War and Administration of justice. If a state is not capable of either one or both of these functions they cannot be called a state. Meaning and Definition of Justice If we define the term 'Justice' means, "Fairness in the protection of rights and punishment of wrongs". So according to Salmond "Administration of justice implies the maintenance of rights within a political community by means of the physical force of the State".   The necessity of the Administration of Justice In the word of Jeremy Taylor: "A herd of wolves is quieter and more at one than so many men unless they all have one reason in then or have

Islamic Concept of State. Basic Principles of Islamic State

Introductory Remarks: Islamic state is a welfare state, in which the relationship of ruler with subjects is threefold; a Wakil (agent) of its subjects in dealings with other states; as a Wali (guardian) or protector of interests and wellbeing of people; as a Shareeq (partner) in thick and thin, happiness and sadness. The legislative powers of an Islamic state are subject to rules embodied in Quran and Sunnah. where the executive head is bound to establish Deen ; Although he appoint the judicial head of the state, but one appointed there is complete separation of powers between the two and the head cannot refuse to appear before Qazi , if so required. Concept of State: State has four elements Population Territory Government  Sovereignty Islamic state is a state in which the sovereignty vests in Allah and government is run by the representative in the name of Allah, as a sacred trust, who is fully responsible to people. The objectives of Islamic state include; obedience t