Classification of Law

The classification means “the process of putting something into category” or the basic cognitive
process of arranging into class or categories. For a proper and logical understanding of law, its
classification is necessary. By classification it is easy to understand the law.
Different jurists classify law differently. The important classification made by the jurists is as
under:

A. Divine Law
B. Natural Law
C. Positive Law/ Man made Law
A. Divine Law:
Divine law is the law which comes through the religion. It differs from religion to religion. For
Muslim countries, Islam is the divine law or the guidelines provided by Islam is Divine law. Same
is the case with Christianity, Hinduism etc.

B. Natural Law:
Natural law are such Universal Principles which are same for all the countries. These principles are
called Natural Law. No double punishment can be given to the offender for a single crime, this is
the Universal Principle which is same for all the societies/countries. Same is the principle that no
men can be condemn unheard.

C. Positive Law/Man-made Law

Positive law can also called as man-made law. This is the law which comes through a sovereign
authority or we can say that law made by the parliament.

The Positive law can further be divided into following:

a. Municipal Law
b. International Law

Municipal Law which is also called domestic law is the law which is available in a particular
country.

On the other hand the International Law is the law which regulates the relation of different
sovereign states.

Municipal Law can further be divided into two different categories:

1. Public Law
2. Private Law
Public Law:
Public law is concerned with the relationship between the state and its citizens. It also determines
and regulates the organization and functioning of the state and determines the relation of the state
with the subjects/citizens. It also deals with the function of the government and the adjustment of
relations between individuals and the government. Public Law effects the society as a whole.

The public law may be divided into following

i. Constitutional Law
ii. Administrative Law
iii. Criminal Law
iv. Taxation Law
v. Environmental Law
vi. Employment & Labor Laws

i. Constitutional Law:

The Constitutional law is the law which determines the nature of State and the Structure of the
Government. It also provides the fundamental rights of the citizens, form of government i:e
Parliamentary or Presidential etc. Constitutional Law is the basic or fundamental law of the states.
The constitutional law is at the top in hierarchy, it means that any laws that is not in conformity
with the constitution can be declared to be unlawful and void. It also tells us that how the
government in a state will operate.

ii. Administrative Law:

Administrative law deals with general administration in the society. Administrative law may be
broadly defined as “the law which regulates the exercise of power conferred under the law upon
governmental bodies”. Public administration is the day-to day implementation of public policy
and public programs in all areas of social and economic life in which public programs operate.
Administrative law is concerned with the powers and procedures of those organs of government,
other than legislature and courts that affect private interests either by rule or by decision.
Administrative. Administrative law also includes Regulatory Laws as the function of both the laws
are same i:e administration. Regulatory bodies include Oil and Gas Regulatory Authority (OGRA)
National Electric Power Regulatory Authority (NEPRA), Pakistan Electronic & Media Regulatory
Authority (PEMRA), Security & Exchange Commission of Pakistan (SECP) etc.

iii. Criminal Law:

Criminal law is the law which deals with crimes and their punishments in the society. It defines
offences and prescribes punishment for them. Criminal law is essential for the maintenance of
order and peace within the State. In civilized societies crime is wrong not only against the
individual (who has been wronged) but also against the society. Therefore, the state initiates the
proceedings against the offender, and thus state is always a party in criminal cases. This is the
reason that criminal law is considered as a branch of Public Law.

Crime is defined as “An act or omission punishable by law”. Crime is an action against society
and the state. In Pakistan “Pakistan Penal Code” is the law which define crimes and their
punishment.
iv. Taxation Law:
Taxation law deals with the imposition of taxes on the citizens in order to generate revenue for the
expenditure of government. Taxation provides fuel on which a modern state runs. Taxation system
not only provides revenue, but also serves as an instrument for managing, encouraging or
discouraging and optimizing the use of the sources of the country. There are many taxes like GST
(general sales tax), Capital Value Tax (CVT), Income Tax etc. Codified laws are available for
administering the taxation.

v. Environmental Law:

Environmental law deals with the issues related to environment like pollution, problems related to
water etc. Environment as defined by “Pakistan Environmental Protection Act 1997” is air, water,
land and layers of the atmosphere, living organisms and inorganic matter, the ecosystem and
ecological relationship, buildings, structures, roads, facilities and works, social and economic
conditions affecting community life and inter-relationships between these elements.
Environmental Law in Pakistan is defined in the broadest sense to include the management of
biological and other natural resources as well as the control of pollution and hazardous materials.
We have “Pakistan Environmental Protection Act 1997” for administration of issues related to
Environmental laws.

v. Employment & Labour Laws:

Labour law is the law that effects working persons by virtue of their employment relationship, a
relationship that is ordinarily with a private employer. Labour law in its more specific sense, deals
with disputes arising out of the activities of organized labour.

Employment law deals with the welfare of workers as individuals. It includes such common
statutes as those establishing worker’s compensation, prescribing wage and hour standards,
preventing harmful child labour, and prescribing discrimination in employment on the grounds of
race, religion, or national origin. In Pakistan we have Industrial Relations Ordinance, the Factories
Act, the Workmen’s Compensation Act and so on.

2. Private Law:

This is the part of law which is primarily concerned with the rights and duties of persons towards
persons. In other words, we can say that Private Law is the law that deals with the relations of
citizens of a country with each other.

The private law can also be divided in the followings:

a. Contract Law
b. Torts
c. Family Law/Personal Law
d. Property Law
e. Commercial Law
f. Business Enterprises

a. Contract Law:

A contract is agreement between two or more persons giving raise to legal obligations. The set of
laws that govern this agreement is termed as Law of Contract or Contract Law.

The legal definition of contract is “An agreement enforceable by law”. The Contract Law tells us
detail regarding creation of contract, parties to the contract, subject matter of contract, different
terms and conditions of contract etc. Contract provide the means that enable persons, including
companies, to sell and transfer property, service and other rights. The sources of contract law are
as under:

1. The Contract Act 1872.

2. The Specific Relief Act, 1877.
3. The Transfer of Property Act, 1882.

The main codified law regarding contract is The Contract Act 1872 which provides the essential
details regarding contract.

b. Torts

Tort can be defined as “civil wrongs other than breach of contract that interfere with person,
property, reputation or commercial or social advantage”. It can also be defined as “An area of law
that deals with the wrongful actions of an individual or entity, which cause injury to another
individual’s or entity’s property, person or reputation and which entitle the injured party to
compensation”

The tort can understand by the example that your sheep enter in someone’s land and destroyed the
crop. Now as the person on whose land the sheep entered, got lose and according to the basic sprit
of law which is justice, you have to compensate him in form of providing the damages to that
person.

Tort is other than criminal law, as discussed earlier tort is civil wrong that’s why we categorized
it, in Private Law. It also includes Assault, Battery, Fraud, Trespass (to land or property) defamation
etc.

Tort can be either Intentional or un-intentional or Negligent tort. The example of Intentional Tort
is defamation or harming someone’s reputation while the negligent tort may be an accident or
medical malpractice.

c. Family Law or Personal Law:

Family is the basic unit of the society. The law related to family matters like marriage, divorce,
maintenance of wives and children, child custody, paternity, inheritance, gift, waqf or charitable
trust etc. The codified laws related to same are Muslim Family Laws Ordinance 1961, West
Pakistan Family Courts Act, 1964, The Dissolution of Muslim Marriage Act, 1939, The Guardian
and Wards Act 1929 etc.

d. Property Laws:
The laws which deals with the property are called property laws. Property is basically of two types.
Moveable and immovable property. Moveable property is the property which is transferable from
one place to another or we can say that which is movable according to our wish or need like table,
chair, fan etc. On the other hand immovable property is the property which cannot be moved
according to our need or wish like land.
There is another form of property which is called incorporeal property like encumbrances whether
over material or immaterial things (like leases, mortgages, and servitudes) or it is a right over
immaterial things (like patents, copyrights and trade-marks)

Movable property is sold in accordance with the Contract Act as well as the Sale of Goods Act
1930. While on the other hand Transfer of Property Act 1882 is a comprehensive enactment in
matters regarding transfer of real estate, persons entitled to transfer the property, operation of
transfer, oral transfer, mortgage of immovable property, exchange of property and gift of
immovable property etc. Some other codified laws are Registration Act 1908, Stamp Act 1899.

e. Commercial Law:

The commercial law deals with the commercial activities in the society. The concept of
commercial law or commercial transactions includes the sale of goods, leases of goods, negotiable
instruments (including promissory notes, drafts or bill of exchange and cheques), bank deposits
and collections, electronic funds transfers, latter of credit etc. The Negotiable Instruments Act,
Sale of Goods Act, Contract Act and Company law deals the commercial activities.

f. Business Enterprises:
All business within the country is carried out by the people through some form, that is, a form that
is recognized by the law. The Constitution of Pakistan guarantees for the citizens that they have
the right to undertake business and adopt lawful means of earning. The important thing about start
a business is that the business must be lawful. Business Enterprises are covered under the
Companies Ordinance 1984. Security and Exchange Commission of Pakistan is the institute which
register the companies in order to start business.