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assignment for PAD 214
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TASK 5: EXPLAIN CUSTOMS AND RELIGION AS TWO SOURCE OF LAW
Sources of law defined as the origin form which the rules of human conduct come into
existence and derive legal force and it can also be refers to the state from which the law
derives its force and validity.
A custom is a rule in which a particular family or a particular district or section has from long
usage obtained the force of law. The custom has been defined as a law not written which
being established by long use and consent of our ancestors that has been use in daily
practices. Custom is stated as a source of law got its recognition since the emergence of state
on the horizon of law. it is an exemption to the ordinary law of the land and every custom is
limited in its application. They are practices that have to be repeated for a period of time.
Nowadays, the codification of civil law developed from the tradition and collection of local
customary law that will be developed in a specific manorial authority which were slowly
combined together mainly form case law and later written down by local authority.
Religion law was referring to the ethical and moral codes taught by religious traditions. The
two most prominent systems, canon law and sharia differ from other religious laws in that
canon law is the codification of Catholic, Anglican and Orthodox law as in civil law. While
the sharia derives many of its laws form juristic pattern and reasoning analogy. A state of
religion is a religious officially endorsed by the country. A theocracy is a form of government
in which God is recognized as the supreme civil ruler. In theory or religious leadership,
conscientious objectors may cause religious offense. The legal system are secular and
multicultural societies in which the government does not formally adopt a particular religion
but the government may also repress all religious activity or enforce tolerance of religious
diversity.