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No. of pages: 121

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Abstract:

The question of what is law has engendered great jurisprudential debate for many years. The nature, scope and purpose of law have led jurisprudential scholars to postulate various schools which tend to explain the concept of law. Thus, the process by which these laws came to be effective is called legislation. Legislation is the process of law making. Under the legislative assembly of the Common Law, a bill undergoes through a systematic process before it acquires the status of law.

However, under Islamic Law, a more democratic approach is adopted in the process of making laws (i.e. Shurah). Based on the above premise, this work examines the concept of legislation under the Common Law and the Islamic law (Shurah in particular). In doing this, this work gave a comparative analysis of the two concepts so as to determine their areas of similarities and differences.