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RELIGIOUS LAW. Hindu law. Unrivalled in age, the Hindu law found in India, Nepal, Pakistan, Malaysia and parts of East Africa is contained in a literature which is vast, complex and seemingly impossible to summarize. Its laws and customs are derived from
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RELIGIOUS LAW
Muslim Law - is an autonomous legal system which is of a religious nature and predominantly based on the Koran. The number of Muslim countries is growing (now there are more than 50 Muslim states the population of which is about 900 million people), and the main common feature is not merely spiritual: the Islamic religion aims to cover all areas of life. Countries belonging to this system are: Saudi Arabia, Syria, Sudan, Turkey, Tunisia, Algeria, Egypt, Ordain, Iraq, Iran, Pakistan and others.
In its strongest formulation, some Islamic scholars state that law cannot exist outside religion and therefore the state has no power to legislate. But in practice the religion is found in countries with very different histories, where formal legal systems differ much. They vary from the absolute sovereignty of some Gulf states through the French and Swiss-influenced codes of Egypt and Turkey, the common-law patterns of Pakistan and India, the Soviet structures of the central Asian republics, to the revolutionary councils and tribunals of Iran and Libya.
Hindu law. Unrivalled in age, the Hindu law found in India, Nepal, Pakistan, Malaysia and parts of East Africa is contained in a literature which is vast, complex and seemingly impossible to summarize. Its laws and customs are derived from sages of the past who were themselves taught by a creator, it preaches the birth, death and rebirth of living things, and its precepts cover many more activities than does any secular legal system. In the countries mentioned, however, it governs only the personal and family relations and its family law has been codified and much amended, especially in India. Nonetheless it can affect the lives of some 450 million people.
2. Соотнесите русские эквиваленты из правой колонки с английскими словосочетаниями из текста в левой колонке.
1. common law-patterns a. страны Персидского залива
2. death and rebirth b. они отличаются от
3. not merely spiritual c. светские правовые системы
4. absolute sovereignty d. смерть и воскрешение
5. Islamic scholars e. не только духовный
6. Gulf countries f. по образцу общего права
7. autonomous legal system g. оно предписывает
8. it preaches h. ученые-теоретики ислама
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9. they vary from i. отдельная правовая система
10. secular legal systems j. абсолютный суверенитет
3. Найдите английские словосочетания в тексте.
1. основываются на положениях Корана
2. правовые системы Индии и Пакистана
3. закон не может существовать вне религии
4. по образцу общего права
5. не имеет государственной власти
6. религия ислама затрагивает все стороны жизни
7. в своем самом строгом толковании
8. которых обучал сам Создатель
9. непревзойденные в веках
10. создавались мудрецами
4. Выразите согласие/несогласие со следующими утверждениями, используя ту или иную речевую модель.
Model: a) I fully agree with the statement.
b) I am afraid, I can’t agree with it.
1. Muslim law is based on the Koran.
2. The number of Muslim countries is decreasing.
3. Islamic religion touches upon all spheres of life.
4. In its strongest formulations some Islamic scholars think that state has no power to legislate.
5. Some Muslim countries are influenced by civil law, others - by common law.
6. It is easy to find roots of Hindu law.
7. It is not difficult to unify its postulates.
8. Its precepts cover as many sides of life as secular systems do.
5. Переведите Текст 4 письменно.
TEXT 5
6. Прочитайте текст и ответьте на вопросы.
1. When was customary law spread mostly?
2. Where is customary law used?
CUSTOMARY LAW
Customary Law is a type of legal system that (1) serves as the basis of, or has influenced, present-day laws in approximately 40 countries - mostly in Africa, but some in the Pacific islands, Europe, and the Middle East. Customary law is (2) also referred to as " primitive law, " " unwritten law, " " indigenous law, " and " folk law. " There is no single history of customary law such (3) as that found in Roman civil law, English common law, Islamic law, or the Napoleonic Civil Code. The earliest systems of law in human society were customary, and usually developed in small agrarian and hunter-gatherer communities.
(4) As the term implies, customary law is based upon the customs of a community. Common attributes of customary legal systems are that they are seldom written down, they embody an organized set of (5) rules regulating social relations, and they are agreed upon by members of the community. (6) Although such law systems include sanctions for law infractions, resolution (7) tends to be reconciliatory rather than punitive. A number of African states practiced customary law many centuries prior to colonial influences. Following colonization, such laws were written down and (8) incorporated to varying extents into the legal systems imposed by their colonial powers.
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