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The '''common law''' is the legal system which a non-codified form of [[law]] based on long-accepted customs and [[tradition]]s. It developed in [[England]] from the reign of [[Henry II ]] in the 12th century and continues there and continued in former and current British territories and [[colony|colonies]]. It is a system whereby legal rules are based on court decisions (precedents) rather than statutes passed by Common law was also the legislaturesproduct of the [[Anglo-Saxon]]s, [[Jew]]s, [[Viking]]s, and [[Roman]]s. It was referred to as the common law because it was (and remains) common to all of England. The [[United States]] (except for [[Louisiana]]) and the [[United Kingdom]] are two prominent [[countries ]] that have a common law legal system. The [[International Court of Justice|ICJ ]] also uses common law.

1. Common law as opposed to [[statute ]] law. That is, the law of precedent as opposed to the law expressed in [[legislation]]. In the common law countries judges will apply the common law in the absence of a statute governing a particular matter in issue.

2. Common law as opposed to [[Civil Law]]. That is, the common law legal system as opposed to the legal system adopted by most of continental [[Europe]].

3. Common law as opposed to equity. That is, the law that applied in the former common law courts as opposed to that which applied in the former Court of Chancery. In [[England]], the Judicature Act of 1873 created a new system which gave the courts both legal (common law) and equitable [[jurisdiction]].

It has recently been pointed out that certain features of English Common Law bear a striking resemblance to [[Islamic ]] law of the [[High Middle Ages]], in particular to the Maliki School of jurisprudenceJurisprudence. In particular, concepts such as [[trial by jury and ]], land possession , and perpetual endowment have no affinity with either Roman Law, which was becoming established in western Europe at the time, or with the customary Anglo-Saxon local customary laws which preceded the English Common Law, but have exact parallels in the Maliki legal system (e. g. the concept of a perpetual endowment in ECL is essentially identical to that of a waqf in Islamic jurisprudence). A likely potential source is of Islamic legal ideas was the court of [[Sicily]], where the [[Norman ]] rulers retained many customs and laws from the previous Muslim rulers, whose legal advisers were of the Maliki School. It has been noted that Thomas Brown, an English civil servant, worked in the Sicilian Court in the 12th century and later joined the court of Henry II of England at the very time that the Common Law was being established. Brown (known as Qaid Brun in Sicily), brought mathematical ideas from Sicily to England (e.g. the Arabic/Hindu numerals) and could equally have brought legal ideas as well, although there is no direct evidence for thisthat he did so.<ref>http://news.bbc.co.uk/1/hi/magazine/7631388.stm</ref> One distinct difference between common law and Sharia Law is that common law does not call for the gruesome murder of individuals for non-compliance with Muslim traditions. [[User:WaZi|WaZi]] 16:47, 28 September 2008 (EDT) ==References=={{reflist}}