bilal
17-08-2004, 09:45 AM
Salam to all,
my pen name is Bilal and I am a new member to the Iman Way. Some of the research I have made with regards to the topic mention as Our Modern law: The product and influence of the Ilamic Court of law are produce herewith for reading. please do have the time to read them and insha-Allah I will send other portion to you soon as I got things right in perspective,
Sincerely,
BILAL
.................................................. .................................................. ...
Article:
Western Law: the product of Islamic court of Law.
Assalamu alaikum,
If I were to add in to my own personal research it would take almost a year to have this article completed. What I have gathered from almost all of my research so far, gathered knowledge from Law books, magazines etc...I am presenting here a rather short article that I hope everyone would view its significance.
That the Modern Law, and especially the West in my own research are actually the by-products of Islamic portion of Law(civil law, criminal law etc.)This I gathered in the long History of the West, namely to the years way back when Europe was at that period of the Dark Age. The Universities in Islamic-Spain at that time were frequented and pupils from all over Europe came to study everything about Islam, from its Scientifics to Shariah law.
It was at this period that the introduction of law was introduced to Great Britain and the rest of Europe, as it was necessary for the court of Law to be established by their Kings; part of the necessity was to have a Law that resemble the Islamic court of Law.As necessity is the mother of invention.
What we see today in the West is actually the very ingredients of the basic concept that they are using.That is the basic Law of the West is the by-products of the portion if not half of it of the Islamic court of Law. More studies are needed to further elaborate this. but as of at this time I do not have the fields nor the period to do more research, I do hope someone else, namely from the West especially Muslims in Great Britain would.
And one more thing is that Napolean did brought back to France and introduced the portion of Law from his journey to Egypt, the root of Islamic Jurisdiction. Some of which are functioning till this very day.And that too goes to the Law in the West that Islamic Spain Islam has introduce to the West, being copied, and manifested into the very basic function of the Western law and Democracy.And so the contribution of Islamic Culture to the modern world is rather very unique....small but very universal.Through it came the various aspects of man's prosperity, and the peace and harmony that carried the wealth of the world to this very day.More research are needed as at this time. I hope someone would do that.This could be a one interesting study, debate by everyone, including Muslim Religious Scolars, Imams and I hope so.
Western Law:the products of Islamic Court of Law. (part 2)
What matters most was the implementation of its adaptation --the viable influences of the Islamic court and from a brief description I gathered from the book "The English Legal System" by Gary Slapper and David Kelly on account of the earliest law established as (but this is refutable later on in my examples):
"...civil law refers to those other jurisdiction which have adopted the European continental system of law derived essentially from ancient Roman Law, but very much the Germanic tradition".
My explaination to this contraversial arguament is that ny the simple fact that the period, age and distance of that ancient Rome was more than a thousand years, but it is accounatably near with that of Islamic Spain in its close-proximity.
Even if the contravery was correct, that the early civil law established was of ancient Roamn law, the adaptation of later period of the law must have been greatly influnces by structure, study of the Islamic court of Law.
"Prior to the Norman conquets of England in 1066, there was no united national legal system..."
And also "Norman were French in language, viewpoint and culture. Their system of Law was bound on the ancient Roman Civil Law. Norman retained the English Common Law of unwritten custom, except that church courts were introduced with authority..."
"...a national system of law from Anglo-Saxon, Norman....by the 12th. century there were judges..."
And here is the point I would like to raise: that the church would not accept that which is in part attached to anything of ancient Rome as they were polytheistic and a well known adversery to the early Christians....
"Common law...represents the imposition of such a unitary system under the auspices and control of a centralised power in the form of a sovereign". This comes under the review of the establishment of King's Court in England much like the Islamic Spain having the King's court for every account etc.
In other words, judges preside over trials to settle controversies that one brought before them: a judge renders judgement, juries....verdict.
It all add up to my view as to the topic:
(1)Implementation of new additional law has to be added.
(2)Complex in its law structure, as population increases and so were crimes.And all other necessities.
(3)Branches of Law to suit the purpose of the period, that if the close proximity of Islamic culture and the Islamic Spain provides for them easy access and study.
My studies have shown that with each period from Medieval Time that the Legal System practised since then would be much more in favor and greatly influenced by the Islamic court of law.
I have here part of the great,past writers around the world regarding the topic, hoping we could recollect and to proof on my arguments.I will write more details later on to continue on this debate.And so Muslim Spain appears and to bloom fo centuries in flowery detachments here and there, then disappeared forever...leaving behind a legacy, a legitimate one.
H.G. Wells wrote:
"The Islamic teachings have left great traditions for equitable and gentle dealings and behavior, and inspire people with nobility and tolerance. These are human teachings of the highest order and at the same time practicable. These teachings brought into existence a society in which hard-heartedness and collective oppression and injustice were the least as compared with all other societies preceding it....Islam is replete with gentleness, courtesy, and fraternity."
Phillip Hitti in 'Short History of the Arabs.'
"During all the first part of the Middle Ages, no other people made as important a contribution to human progress as did the Arabs, if we take this term to mean all those whose mother-tongue was Arabic, and not merely those living in the Arabian peninsula. For centuries, Arabic was the language of learning, culture and intellectual progress for the whole of the civilized world with the exception of the Far East. From the IXth to the XIIth century there were more philosophical, medical, historical, religiuos, astronomical and geographical works written in Arabic than in any other human tongue."
Here is a short article by: Dr. A. Zahoor.
Ibn Rushd wrote many books on the question of theology, where he tried to use his knowledge of philosophy and logic. It is not surprising then that his works greatly influenced European religious scholarship, though Averroes is innocent of many views of Western so-called Averroism. Professor Bammate in his booklet "Muslim Contribution to Civilization" quotes Renan: St. Thomas Aquinas was "the first disciple of the Grand Commentator (i.e., Averroes). Albert Alagnus owes everything to Avicenna, St. Thomas owes practically everything to Averroes." Professor Bammate continues: "The Reverend Father Asin Palacios, who has carried out intensive studies of the theological Averroism of St. Thomas and, in no way classifies Averroes with Latin Averroists, takes several texts of the Cordovan philosopher and compares them with the Angelic Doctor of (St. Thomas). The similarity in their thought is confirmed by the use of expressions similar to that of Ibn Rushd. It leaves no room for any doubt about the decisive influence that the Muslim Philosopher (Averroes) had on the greatest of all Catholic theologians.
His book on jurisprudence 'Bidayat al-Mujtahid wa-Nihayat-al-Muqtasid' has been held by Ibn Jafar Zahabi as possibly the best book on the Maliki School of Fiqh. Ibn Rushd's writings were translated into various languages, including Latin, English, German and Hebrew. Most of his commentaries on philosophy are preserved in the Hebrew translations, or in Latin translations from the Hebrew, and a few in the original Arabic. His commentary on zoology is entirely lost. Ibn Rushd also wrote commentaries on Plato's Republic, Galen's treatise on fevers, al-Farabi's logic, and many others. Eighty-seven of his books are still extant.
Ibn Rushd has been held as one of the greatest thinkers and scientists of the twelfth century. According to Philip Hitti, Ibn Rushd influenced Western thought from the twelfth to the sixteenth centuries. His commentaries were used as standard texts in preference to the treatises of Aristotle in the fourteenth and fifteenth centuries. His books were included in the syllabi of Paris and other Western universities till the advent of modern experimental sciences. Ibn Rusd was studied in the University of Mexico until 1831."
..........................
In my opinion:
What I want to make it clear is the reality of the great influence if not all of it from the Islamic Jurisprudence.....especially and indefinitely that of the Maliki School Of Thought. And the works of Ulamas in the Muslim Spain had been totally been the couse of our present day Law. This is the truth.
In England, the seperation of the Church from the Law of the country by King James the first greatly introduced the writings of Islamic lawmakers into Europe.
(a) As man philosopised on the good of man and the law, the time period that changes, and a good law is needed for the mother country, the people.That is the one principle bodies governing concept on both common and civil;-- a just Law--.
(b)whose roots are none other than form the written works of Islamic Jusrists of the Malikite School of Thoughts, and within just a lapse of years Europe shown the delight of its law abiding people to the fullest core.
(c)passing the ultimatum for the separation between the Church of England from the law of the country called the Canon Law by King James the first, started the evolutionary antenna, the beginning spheres that brought to cover the whole wide world.It suited them and fitted into the very capillaries of justice and equality for all.
(d) perhaps a lesser punishments, for Muslims who are familiar with the Law of Hudud, has been part of the modern Law and whose sources are none other than the Maliki School of Thought (Madzhab Maliki of Imam Malik r.a.)
( to be continued)
Allah knows the best.....
"POLICE Enforcements:
"Finally Saudi Arabia uses another traditional but informal Islamic instituition for law enforcement ----the religious police.
Originally created during Abbasid Caliphate as inpspectors of markets on equitable business practice, these officials develop broad jurisdiction roughly the equivalent of a supervisor of public behaviour and morality."
Carl Cohen ----Democracy:--is that system of community govt. in which, by and large the members of a community participate, or may particpate, directly in making of decision which affect them all."
(a kind of community govt.)
(rule by majority)
I will continue with the study I have made so far and that hopefully we will all come to an understanding that whatever was is the WILL of ALLAH.....
my pen name is Bilal and I am a new member to the Iman Way. Some of the research I have made with regards to the topic mention as Our Modern law: The product and influence of the Ilamic Court of law are produce herewith for reading. please do have the time to read them and insha-Allah I will send other portion to you soon as I got things right in perspective,
Sincerely,
BILAL
.................................................. .................................................. ...
Article:
Western Law: the product of Islamic court of Law.
Assalamu alaikum,
If I were to add in to my own personal research it would take almost a year to have this article completed. What I have gathered from almost all of my research so far, gathered knowledge from Law books, magazines etc...I am presenting here a rather short article that I hope everyone would view its significance.
That the Modern Law, and especially the West in my own research are actually the by-products of Islamic portion of Law(civil law, criminal law etc.)This I gathered in the long History of the West, namely to the years way back when Europe was at that period of the Dark Age. The Universities in Islamic-Spain at that time were frequented and pupils from all over Europe came to study everything about Islam, from its Scientifics to Shariah law.
It was at this period that the introduction of law was introduced to Great Britain and the rest of Europe, as it was necessary for the court of Law to be established by their Kings; part of the necessity was to have a Law that resemble the Islamic court of Law.As necessity is the mother of invention.
What we see today in the West is actually the very ingredients of the basic concept that they are using.That is the basic Law of the West is the by-products of the portion if not half of it of the Islamic court of Law. More studies are needed to further elaborate this. but as of at this time I do not have the fields nor the period to do more research, I do hope someone else, namely from the West especially Muslims in Great Britain would.
And one more thing is that Napolean did brought back to France and introduced the portion of Law from his journey to Egypt, the root of Islamic Jurisdiction. Some of which are functioning till this very day.And that too goes to the Law in the West that Islamic Spain Islam has introduce to the West, being copied, and manifested into the very basic function of the Western law and Democracy.And so the contribution of Islamic Culture to the modern world is rather very unique....small but very universal.Through it came the various aspects of man's prosperity, and the peace and harmony that carried the wealth of the world to this very day.More research are needed as at this time. I hope someone would do that.This could be a one interesting study, debate by everyone, including Muslim Religious Scolars, Imams and I hope so.
Western Law:the products of Islamic Court of Law. (part 2)
What matters most was the implementation of its adaptation --the viable influences of the Islamic court and from a brief description I gathered from the book "The English Legal System" by Gary Slapper and David Kelly on account of the earliest law established as (but this is refutable later on in my examples):
"...civil law refers to those other jurisdiction which have adopted the European continental system of law derived essentially from ancient Roman Law, but very much the Germanic tradition".
My explaination to this contraversial arguament is that ny the simple fact that the period, age and distance of that ancient Rome was more than a thousand years, but it is accounatably near with that of Islamic Spain in its close-proximity.
Even if the contravery was correct, that the early civil law established was of ancient Roamn law, the adaptation of later period of the law must have been greatly influnces by structure, study of the Islamic court of Law.
"Prior to the Norman conquets of England in 1066, there was no united national legal system..."
And also "Norman were French in language, viewpoint and culture. Their system of Law was bound on the ancient Roman Civil Law. Norman retained the English Common Law of unwritten custom, except that church courts were introduced with authority..."
"...a national system of law from Anglo-Saxon, Norman....by the 12th. century there were judges..."
And here is the point I would like to raise: that the church would not accept that which is in part attached to anything of ancient Rome as they were polytheistic and a well known adversery to the early Christians....
"Common law...represents the imposition of such a unitary system under the auspices and control of a centralised power in the form of a sovereign". This comes under the review of the establishment of King's Court in England much like the Islamic Spain having the King's court for every account etc.
In other words, judges preside over trials to settle controversies that one brought before them: a judge renders judgement, juries....verdict.
It all add up to my view as to the topic:
(1)Implementation of new additional law has to be added.
(2)Complex in its law structure, as population increases and so were crimes.And all other necessities.
(3)Branches of Law to suit the purpose of the period, that if the close proximity of Islamic culture and the Islamic Spain provides for them easy access and study.
My studies have shown that with each period from Medieval Time that the Legal System practised since then would be much more in favor and greatly influenced by the Islamic court of law.
I have here part of the great,past writers around the world regarding the topic, hoping we could recollect and to proof on my arguments.I will write more details later on to continue on this debate.And so Muslim Spain appears and to bloom fo centuries in flowery detachments here and there, then disappeared forever...leaving behind a legacy, a legitimate one.
H.G. Wells wrote:
"The Islamic teachings have left great traditions for equitable and gentle dealings and behavior, and inspire people with nobility and tolerance. These are human teachings of the highest order and at the same time practicable. These teachings brought into existence a society in which hard-heartedness and collective oppression and injustice were the least as compared with all other societies preceding it....Islam is replete with gentleness, courtesy, and fraternity."
Phillip Hitti in 'Short History of the Arabs.'
"During all the first part of the Middle Ages, no other people made as important a contribution to human progress as did the Arabs, if we take this term to mean all those whose mother-tongue was Arabic, and not merely those living in the Arabian peninsula. For centuries, Arabic was the language of learning, culture and intellectual progress for the whole of the civilized world with the exception of the Far East. From the IXth to the XIIth century there were more philosophical, medical, historical, religiuos, astronomical and geographical works written in Arabic than in any other human tongue."
Here is a short article by: Dr. A. Zahoor.
Ibn Rushd wrote many books on the question of theology, where he tried to use his knowledge of philosophy and logic. It is not surprising then that his works greatly influenced European religious scholarship, though Averroes is innocent of many views of Western so-called Averroism. Professor Bammate in his booklet "Muslim Contribution to Civilization" quotes Renan: St. Thomas Aquinas was "the first disciple of the Grand Commentator (i.e., Averroes). Albert Alagnus owes everything to Avicenna, St. Thomas owes practically everything to Averroes." Professor Bammate continues: "The Reverend Father Asin Palacios, who has carried out intensive studies of the theological Averroism of St. Thomas and, in no way classifies Averroes with Latin Averroists, takes several texts of the Cordovan philosopher and compares them with the Angelic Doctor of (St. Thomas). The similarity in their thought is confirmed by the use of expressions similar to that of Ibn Rushd. It leaves no room for any doubt about the decisive influence that the Muslim Philosopher (Averroes) had on the greatest of all Catholic theologians.
His book on jurisprudence 'Bidayat al-Mujtahid wa-Nihayat-al-Muqtasid' has been held by Ibn Jafar Zahabi as possibly the best book on the Maliki School of Fiqh. Ibn Rushd's writings were translated into various languages, including Latin, English, German and Hebrew. Most of his commentaries on philosophy are preserved in the Hebrew translations, or in Latin translations from the Hebrew, and a few in the original Arabic. His commentary on zoology is entirely lost. Ibn Rushd also wrote commentaries on Plato's Republic, Galen's treatise on fevers, al-Farabi's logic, and many others. Eighty-seven of his books are still extant.
Ibn Rushd has been held as one of the greatest thinkers and scientists of the twelfth century. According to Philip Hitti, Ibn Rushd influenced Western thought from the twelfth to the sixteenth centuries. His commentaries were used as standard texts in preference to the treatises of Aristotle in the fourteenth and fifteenth centuries. His books were included in the syllabi of Paris and other Western universities till the advent of modern experimental sciences. Ibn Rusd was studied in the University of Mexico until 1831."
..........................
In my opinion:
What I want to make it clear is the reality of the great influence if not all of it from the Islamic Jurisprudence.....especially and indefinitely that of the Maliki School Of Thought. And the works of Ulamas in the Muslim Spain had been totally been the couse of our present day Law. This is the truth.
In England, the seperation of the Church from the Law of the country by King James the first greatly introduced the writings of Islamic lawmakers into Europe.
(a) As man philosopised on the good of man and the law, the time period that changes, and a good law is needed for the mother country, the people.That is the one principle bodies governing concept on both common and civil;-- a just Law--.
(b)whose roots are none other than form the written works of Islamic Jusrists of the Malikite School of Thoughts, and within just a lapse of years Europe shown the delight of its law abiding people to the fullest core.
(c)passing the ultimatum for the separation between the Church of England from the law of the country called the Canon Law by King James the first, started the evolutionary antenna, the beginning spheres that brought to cover the whole wide world.It suited them and fitted into the very capillaries of justice and equality for all.
(d) perhaps a lesser punishments, for Muslims who are familiar with the Law of Hudud, has been part of the modern Law and whose sources are none other than the Maliki School of Thought (Madzhab Maliki of Imam Malik r.a.)
( to be continued)
Allah knows the best.....
"POLICE Enforcements:
"Finally Saudi Arabia uses another traditional but informal Islamic instituition for law enforcement ----the religious police.
Originally created during Abbasid Caliphate as inpspectors of markets on equitable business practice, these officials develop broad jurisdiction roughly the equivalent of a supervisor of public behaviour and morality."
Carl Cohen ----Democracy:--is that system of community govt. in which, by and large the members of a community participate, or may particpate, directly in making of decision which affect them all."
(a kind of community govt.)
(rule by majority)
I will continue with the study I have made so far and that hopefully we will all come to an understanding that whatever was is the WILL of ALLAH.....