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Brifely explain the interrelations between customary, religious and state legal systems? Using examples

User Jaksky
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Final answer:

Customary, religious, and state legal systems intertwine in complex ways, with each system influencing and sometimes conflicting with the others. Secular and religious states differ in how they incorporate religious aspects into law. International law and legal rulings, such as U.S. Supreme Court decisions, show how these interrelations play out in practice.

Step-by-step explanation:

The interrelations between customary, religious, and state legal systems are complex and vary widely from one society to another. Customary law is often based on tradition and social practices that have evolved over time, while religious law stems from the sacred texts and doctrines of a particular religion. State or civil law is the body of law enacted by a sovereign or central authority within a country.

Secular states, such as Turkey, have legal systems largely separate from religious influences, and civil law is based on democratic consensus. In contrast, religious states, such as Iran, base their law on religious practices and texts, such as Sharia in Islamic states. International law, on the other hand, includes treaties and norms that states agree to, leading to an increase in state compliance with obligations like the Geneva Conventions and human rights law. Compliance is based largely on a perceived need to justify actions within internationally accepted norms.

An example of the interplay between these systems is demonstrated by the U.S. Supreme Court ruling in favor of a Muslim woman who was denied employment due to wearing a headscarf, thus upholding her First Amendment rights over the company's dress code policy. This illustrates the influence of both constitutional and human rights law within a common law system where judicial interpretation is key.

User Naga Botak
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