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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

Custom and Religion as Two Source of Law

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assignment for PAD 214

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Page 1: Custom and Religion as Two Source of Law

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.