Law and its branches
In Arabic, the word “law” has been associated with fixed and consistent rules. Therefore, when a certain act is repeated in one manner and is subject to a fixed system, it is considered to be governed by a certain law. In this sense, the law of the succession of night and day in astronomy, and the law of gravity in natural science, are clear examples.
It is worth noting that the origin and emergence of the word “law” do not belong to the Arabs. However, it became integrated into the Arabic language nearly one thousand years ago. Arabs had previously used it, as Ibn Sina did in his book The Canon of Medicine, and as Ibn Khaldun did in the introduction to one of his books, Al-Istidlal ‘ala Ma fi al-Dama’ir al-Khafiyyah bi al-Qawanin al-Harfiyyah.
Terminologically:
Jurists have defined law as: “a set of general and abstract rules that regulate the conduct of individuals in society and are accompanied by a material sanction that ensures their observance.” According to this definition, law is understood in its general sense, which is the meaning inferred when the word “law” is used without qualification.
Legal rules are distinguished by several characteristics:
- They are general and abstract rules.
- They regulate the conduct of individuals in society.
- They are linked to a sanction imposed on those who violate them.
Branches of Law
Legal science distinguishes between two types of legal rules: the rules of private law and the rules of public law. This distinction is derived from the nature of the relationships regulated by these rules.
Private Law:
Private law governs the relationships that arise between individuals, such as sale and purchase, marriage, agency, contractual liability, and tortious liability. These rules are characterized by being subject to the will of individuals, as they may agree otherwise. They are not preventive rules; rather, they have a remedial nature and appear only when the door to agreement is closed before the disputing individuals. At that point, these rules are applied. Civil law, commercial law, and personal status law are among the most important branches of private law.
Public Law:
Public law is applied in cases where the state, with its authority, is a party. It regulates the structure of the state in terms of the formation of its authorities, bodies, and powers, and then the relationship of these bodies with one another or with individuals, as well as the consequences arising from these relationships. Unlike the rules of private law, the rules of public law are characterized as mandatory rules: they impose themselves compulsorily from the outset, and it is not possible to agree otherwise. In this field, the state protects an important societal interest, such as the application of justice, the enforcement of order, the preservation of economic interests, and similar matters. Among the most important branches of public law are criminal law, constitutional law, and administrative law.