Municipal Law and Governance Quiz

Introduction to Law

• Definition: Collection of rules enacted by the administration for justice.
• Definition: Body of rules recognized and enforced by the state to regulate human behavior.
• Definition: The art or science of equitable (justice) and good.

Different Jurists

• Thomas Hobbes: Law is the command of the sovereign.
• John Austin: Aggregate of rules set by men (politically superior) to those politically inferior.
• Roscoe Pound: A social institution to satisfy social wants.
• John Salmond: Body of principles recognised and enforced by the state for the administration of justice.

Purpose and Function of Law by Jurists

• Thomas Hobbes: Limit individual liberty.
• Thomas Holland: Achieving the highest well-being of society.
• John Locke: Preserve and enlarge freedom.
• Jeremy Bentham: Promote greatest happiness for the greatest number of people. (Utilitarianism).

Classification of Law

• International Law: Set of rules and principles governing relationships between states.
• Public international Law: Deals with relationships between states and international organizations.
• Private international Law: Deals with private matters across national borders.
• Municipal Law: Set of laws and regulations governing local governments (e.g., cities, municipalities).
• Constitutional Law: Governs the structure, powers, and limitations of the country’s government.
• Administrative Law: Rules and regulations governing actions of government agencies/officials.
• Criminal Law: Defines and punishes crimes (e.g., theft, murder, assault).

Private Law

• Law of Persons: Deals with rights, responsibilities, status of individuals (e.g., marriage, divorce).
• Law of Property: Deals with ownership, use, and transfer of property (e.g., land).
• Contract Law: Deals with agreements between individuals/organizations outlining terms and conditions.
• Quasi-Contract Law: Court-ordered agreements to prevent one party from unfairly benefiting from another (no formal contract).
• Tort Law: Addresses civil wrongs such as personal injury or damage to property.

Source of Law (Modern)

• Definition: Sources of law refer to the origin/foundation of law that governs a society.
• Formal Sources: Official and recognized origins of law, providing legal framework for society.
• Material Sources: Social, cultural, and historical contexts influencing law creation.

Material Source

• Historical Sources: Past events, experiences, and conditions shaping laws. (e.g., American Revolution).
• Legal Sources: Actual laws and decisions governing society.
  • Legislation: Rules made by a country’s legislative body (e.g., Parliament).
• Supreme Legislation: Highest authority in a country (e.g., Parliament).
• Subordinate Legislation: Laws passed by authorities below the highest level.
• Declared Legislation: Laws created by others (ministers etc) under authority for efficiency.

Precedent

• Definition: Previous judgments/decisions made by jurists.
• Nature: Binding or non-binding.
• Ratio Decidendi: Reason/principle behind the court's decision.
• Obiter Dictum: Judge's personal opinion/viewpoint on a matter.
• Types of Precedent:
  • Authoritative: Binding.
  • Persuasive: Non-binding.
  • Original: Establishes a new principle or rule.
  • Declaratory: Explains/clarifies existing law without creating new law.

Source of Islamic Law

• Definition: Comprehensive legal system governing all aspects of life (including religious, moral, and social duties).
• Primary Sources: Independent sources (e.g., Quran)
• Secondary Sources: Dependent on other sources (e.g., Ijma).
• Subsidiary Sources: Supplement the primary and secondary sources.
  • Quran: The Holy Book of Islam.
  • Sunnah: Prophet Muhammad's practices.

Quran as a Source of Law

• Specific verses related to family, business, crimes, punishments, civil law, international law, administration, and constitutional law.

Sunnah: Types of Sunnah

• Faili: Actions of the Prophet. (e.g., performing prayers).
• Qawli: Sayings of the Prophet.
• Taqriri: Approvals by silence.

Status of Sunnah

• Authority: Comes from Quran (obeying Allah and Prophet Muhammad).
• Status: Binding.

Secondary Sources (Islamic Law)

• Ijma: Consensus of Islamic scholars on a legal issue (when Quran/Sunnah is unclear).
• Authority: Based on hadiths (“My Ummah will never agree on falsehood/misguidance”).

Essentials of Ijma

• Agreement between Muslim scholars on a legal issue.
• Ijma contains the question or law of a relevant issue.
• Who, who are those persons?
• Qiyas: Analogical reasoning when Quran, Sunnah, and Ijma are unsure.
• Authority: Based on precedents (e.g., Maaz bin Jabal case).

Elements of Ijma

• ASL: Original case (from Quran/Sunnah).
• Far: New case requiring ruling.
• Ilalt: Common cause of legal issue.
• Hukm: Ruling applied.

Ijtihad: Independent Reasoning

• Independent reasoning by qualified scholars to resolve issues missing explicit texts.

Requirements of Ijtihad

• Adult Muslim
• Sound mind and Arabic command
• Knowledge of Quran, Sunnah, and Qiyas

Subsidiary Sources

• supplementing primary and secondary source.
• Taqleed: Following the opinions of qualified scholars.
• Istihsan: Preferring rulings based on fairness.

Legal Concepts

• Law: Collection of rules enforced by the state.
• Right: Legal entitlement to act/demand something.
• Wrong: Act in contradiction with law.
• Duty: Obligation a person has to do.

Kinds of Legal Rights

• Perfect Right: Right recognized and protected by law.
• Imperfect Right: Right recognized but not enforced by law.
• Positive Right: Right requiring someone to perform an action (e.g., right to education).
• Negative Right: Right preventing others from interfering (e.g., freedom of speech).
• Right In Rem: Right enforceable against everyone.
• Right In Personam: Right enforceable against a specific person.

Proprietary and Personal Rights

• Proprietary Right: Rights over property.
• Personal Right: Rights involving personal relationships.
• Inheritable Right: Right that can be passed to heirs.
• Non-Inheritable Right: Right that cannot pass to heirs.

Legal and Equitable Rights

• Legal Rights: Recognized by law.
• Equitable Rights: Rights to access public places fairly (e.g., right to clean air).

Primary and Secondary Rights

• Primary Rights: Rights independent of wrong. (e.g., right of speech).
• Secondary Rights: Rights arising from violation of primary rights. (e.g., compensation for defamation).

Public and Private Rights

• Public Rights: Rights enjoyed by society (e.g., right to clean air).
• Private Rights: Rights specific to individuals (e.g., right to privacy).

Vested and Contingent Rights

• Vested Rights: Fully established rights (e.g., retirement rights).
• Contingent Rights: Rights dependent on a future event (e.g., inheritance rights).

Municipal and International Rights

• Municipal Rights: Rights under a country’s law (e.g., right to vote).
• International Rights: Rights under international law (e.g., right to asylum).

Ordinary and Fundamental Rights

• Ordinary Rights: General legal rights (e.g., right to own property).
• Fundamental Rights: Rights guaranteed by the constitution (e.g., right to equality).

Law and Morality

• Law: Rules enforced by the state.
• Morality: Set of ethical principles guiding individuals.
• History & Background: Law and morality intertwine, often rooted in religious teachings.