Stare Indecisis
Secondary Rules
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The Conflict of Laws in the Islamic Courts
During the colonial era it was mainly given jurisdiction over family law, inheritance, private and personal matters. Whereas commercial cases and public law cases were reserved to common law courts. In place the post-colonial constitution largely kept that division intact. There is still a question to be asked when the conflict, if for example a particular ruling by the Islamic court conflicts with a public law doctrine? And that is a long running dispute about that.
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