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Contribution of Sharia To English Common Law
Contribution of Sharia To English Common Law
The idea that certain rights are inalienable was found in early
Islamic law
Islamic law maintains that the ruler has no right to take away
from his subjects certain rights which inhere in his or her person as
a human being.
John Locke may have developed his ideas of inalienable right
through attending lectures by Edward Pococke, a Professor of
Arabic studies
Christians in Spain accustomed to Islamic rule insisted that their
new masters sign agreements similar to those they had long had
with their Muslim overlords. Christian reconquista of Spain
Those agreements specified that no monarch was above the law.
This adherence to a rule of law to which both kings and commoners
were subject, was in fact an enduring gift of Muslim Spain to
Christian Europe
Judge Weeramantry, Christopher G. (1997), Justice Without Frontiers,
Aqd
Assize of novel disseisin (recent dispossession) is based on
Islamic Istihqaq,
English jury is based on Lafif" in classical Maliki
jurisprudence (Lafif was also made up of 12 members of the
local community)
Trust & Agency institutions in English common law are
bases on Islamic Waqf and Hawala (every Waqf required
a waqif (founder), mutawillis (trustees), qadi (judge) and
beneficiaries)
Gaudiosi, Monica M. (1988), "The Influence of the Islamic Law of Waqf on the
Development of the Trust in England: The Case of Merton College", University of
Pennsylvania Law Review 136 (4): 1231-1261 , Hudson, A. (2003), Equity and
Trusts (3rd ed.), Cavendish Publishing)
on Islamic Qiyas
Inns of Court" system in England are based on Islamic Madrasas
Modern limited partnership law is based on Islamic Qirad and Mudaraba
(Jairus Banaji (2007), "Islam, the Mediterranean and the rise of
capitalism", Historical Materialism)
Islamic law also introduced the concept of an agent or lawyer (wakil). Early
tanfidh)
Act of God (Afat Samawiyah)
They brought with them all that they have learnt from
the Arabs including their legal system. Furthermoreand that is important -the Sunni school of thought
followed in Sicily was the Maliki school
Through Spain.
Through the influence of the dominance of the Ottoman