LEGAL SYSTEMS

Legal Systems

Legal Systems

Introduction

The legal system is a complex subject which is affected by structure, items and culture. It is important to know that legal system cannot be defined with any real definition just because of its non-isolated nature. In fact, legal system has many inputs, outputs and subsystems and cannot be seen independently as well as from any one angle (Friedman, 1975). Therefore, it is not easy to compare the legal system of two different countries in an effective way. This paper discusses the differences and similarities between the English legal system and the legal system of Kurdistan.

Discussion

It is also essential to know that majority of people living in Iraq are Muslim and all matters are resolved and settled under the Islamic law, which is generally known by the Arabic word 'Shariah'. In fact, the Shariah is taken from the Holy Quran and and based on the practices done by Prophet Mohammed (Janin & Kahlmeyer, 2007). Before the uprising of Kurdish people in 1991, Kurdistan was governed by Iraqi government where Iraqi legal system was regularly practiced. It is also interesting to know that Iraqi legal system can be seen as derivative of the Egyptian legal system, which was originally built upon the French civil law system (Janin & Kahlmeyer, 2007). However, after the independence of Kurdistan in 1992, the existing legal system remained in effect with slight amendments and is still being used (American Bar Association, 2006).

Iraqi courts are divided into Civil, Crime and Personal Status courts. In other words, Personal Status courts are responsible to handle cases associated with marriage, divorce, inheritance and other personal status issues (Gulf Legal Services, n.d.). As discussed earlier that Kurdistan's regional government follows the same structure of the courts that are effective in whole Iraq. However, there is no Administrative Court exist ...