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Codification, Kinds of Codification, Merits and Demerits of Codes in legislation process

Introductory Remarks During legislative process many terms we used in law sense like litigation, statue, ordinance, codification process and rules of interpretation of laws. In below we discussed about the terms codification and interpretation of laws in legislative terms and we define and elaborate these terms according to different jurists. English jurisprudence play vital role in codification and interpretation of laws in different sense. Definition of Codification of Law According to the Oxford Dictionary: " Code is a systematic collection of statutes, body of laws, so arranged as to avoid inconsistency and overlapping." This definition of codification is not exhaustive because it does not include common law and case law. In fact, codification is the systematic precess and reduction of the whole body of law into a code in the form of enacted law. Codification implies collection, compilation, methodical arrangement and reduction to coherent form the whole ...

Ownership, Essential of ownership and different kinds of ownership in English jurisprudence

Introduction: The concept of ownership is one of the fundamental juristic concept common to all systems of law. This concept has been discussed by most of the writers before that of possession. However, its is pointed out that it is not the right method. Historically speaking, the idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The  idea of ownership followed the idea of possession. In the below we will discussed the actual definition and meaning of ownership, essential of ownership and various forms of ownership. Definition and Meaning of Ownership: The right of ownership is a conception clearly easy to understand but difficult to define with exactitude. There are two main theories with regard to the idea of ownership. The great exponents of the two views are Austin and Salmond. According to one view, ownership is a relation which subsists between a person and a thing which is subject of ownership. Ac...

Importance of Qiyas (Analogy) in Islamic Law.

Introduction: Sunni schools agree that for the matters not expressly dealt with in the Texts, along with Ijma, the law can be deduced in those matters by the help of Qiyas. Sunni jurist do not admit that extension of law through Qiyas amounts to innovation, as Shia authorities consider. Simple, Qiyas is a process in which reason of a text is applied in a particular way to find out the solution or law in this regards. As a source of law it is subordinate to Quran, Sunnah and Ijma because these are provide base for the original case or authorities in deducing law through Qiyas. Qiyas Meaning and Concept: Literally Qiyas means "to measure or measuring one thing in terms of another".  According to Hanafi Jurists, Technically it is an extension of law from the original text to which the process is applied.  According to Maliki school of thought, The accord of a deduction with original text in respect of the illat or effective cause of its law.  According to Shafa...