Australian Journal of Basic and Applied Sciences, 8(9) June 2014, Pages: 249-256
AENSI Journals
Australian Journal of Basic and Applied Sciences
ISSN:1991-8178
Journal home page: www.ajbasweb.com
Corresponding Author: Aishat Abdul-Qadir Zubair, International Islamic University Malaysia, Postgraduate & Research,
Ahmad Ibrahim Kulliyyah of Laws, 53100 Selangor. Malaysia.
Tel: 601121274372; E-mail: ayyeesha@gmail.com
The Role of Comparative Legal Research in The Development of Law
Aishat Abdul-Qadir Zubair
Postgraduate Researcher, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws, 53100 Selangor. Malaysia.
ARTICLE INFO ABSTRACT
Article history:
Received 2 March 2014
Received in revised form
13 May 2014
Accepted 28 May 2014
Available online 23 June 2014
Keywords: Comparative Legal
Research, Development of Law, Law
Reform, Commercial Law.
Background: Comparative legal research is a field of law that has been abandoned
over the decades for its lack of popularity as a concept due to the many controversies
and criticisms surrounding it. It is a field of study that is only recently gaining footing
in the legal profession with its recent resurgence and awakening of legal scholars and
student to the fact that it may have some importance after all. Objective: This article
therefore aims to show how comparative legal research has influenced the development
of law from time immemorial to the present time and see how it will continue to do so
in the future despite the pitiable situation it is in presently. It is also the aim of this
article to show the efforts made by comparatists in making sure that laws are in
conformity with the advancement in development around the globe by its main function
of law reform especially in this era of globalization. The article, while concentrating on
the impact comparative legal research has had on the development of law with special
reference to law reforms in some modern nations, also analysis the manners in which
comparative legal research has been used to solve some international dispute on
commercial law when they arise. Results: The result of this research shows amongst
others: that one of the aims of comparative legal research is to find solutions to a
specific problem in a legal system by comparing with other legal systems having a
similar problem or condition; that the methods used in comparative legal research are
not original to the discipline and there is no one single method generally accepted by all
comparatists; and that the concept of comparative legal research helps the law makers
in solving quite a number of problems faced in the process of law making..
Conclusion: The article concludes that legislation and law reform are the main purpose
of comparative legal research.
© 2014 AENSI Publisher All rights reserved.
To Cite This Article: Aishat Abdul-Qadir Zubair., The Role of Comparative Legal Research in The Development of Law. Aust. J. Basic &
Appl. Sci., 8(9): 249-256, 2014
INTRODUCTION
Over the years comparative legal research has been fighting for recognition. Some scholars regard the study
as a fruitless and useless effort and have likened those who embark on the study as restless wanton bees on a
fruitless journey. Comparative law has also been termed as “an amusing puzzle providing an opportunity to
satisfy idle curiosity” (Rahmatullah, 1971). This can be said to have accounted for it slow development over the
years. More so, the study itself has not helped the situation as there continue to exist a number of confusion and
criticism here and there even among its scholars for example, comparative law has always been subject to
competing claims of authorities in setting appropriate boundaries for its study. For this reason, comparative legal
research have not been seen to serve any meaningful purpose to the law itself not to talk of its development, if
anything, it is believed that it had in fact contributed to the controversies surrounding the discipline of law.
However, comparative law is slowly beginning to emerge from the mists of misunderstanding and prejudice
in which it has for so long been enveloped haven undergone so many facets and levels, it is now being regarded
in many quarters as a distinct discipline (Gutteridge, 1946). There is therefore a need to understand the purpose
comparative legal research is serving. Answers should thus be provided to some important questions such as
how comparative legal research should be carried out? How the foundational concepts of comparative legal
research have been applied to solve some major problems encountered in the formation and reformation of law?
In what ways the conceptual tools of comparative legal research has been used to solve and analyse comparative
law issues when they arise in commercial law? Has comparative legal research affected Islamic legal system in
any way?
In order to provide answers to the above questions and some many more that might be troubling the minds
of many comparative law students as well as to fully and effectively deal with this topic, the article has been
divided into two main parts. The first part deals with the concept of comparative legal research and the different