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English common law was inspired by Islamic law?
Topic Started: Oct 13 2009, 08:08 PM (142 Views)
WU40
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What do people make of this:

http://en.wikipedia.org/wiki/Common_law#Possible_influence_of_medieval_Islamic_law

Since the publication of legal scholar John Makdisi's "The Islamic Origins of the Common Law" in the North Carolina Law Review,[25] there has been controversy over whether English common law was inspired by medieval Islamic law.[35] Some scholars have argued that several fundamental common law institutions may have been adapted from similar legal institutions in medieval Islamic law and jurisprudence, and introduced to England after the Norman conquest of England by the Normans, who conquered and inherited the Islamic legal administration of the Emirate of Sicily (see Arab-Norman culture). In his 1999 paper, Makdisi drew comparisons between the "royal English contract protected by the action of debt" and the "Islamic Aqd", the "English assize of novel disseisin" and the "Islamic Istihqaq", and the "English jury" and the "Islamic Lafif" in classical Maliki jurisprudence, and argued that these institutions were transmitted to England by the Normans,[25] "through the close connection between the Norman kingdoms of Roger II in Sicily—ruling over a conquered Islamic administration—and Henry II in England."[36] Makdisi also argued that English legal institutions such as "the scholastic method, the license to teach," the "law schools known as Inns of Court" in England (which he asserts are parallel to Madrasas in Islam) and the "European commenda" (parallel to Islamic Qirad) may have also originated from Islamic law.[25] He states that the methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems.[37] Makdisi claims these similarities and influences suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".[25]
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WorcesterDivision
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Patriot
Honestly......
Sounds like bulls**t to me!
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Wellesley
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Even if that is true we should be proud that we turned such facist, ignorant laws into Great British democracy.
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Deleted User
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:blink:

I'm Norman. We have NEVER ever imported Muslim crap in England. Trust me.

That's propaganda.

Normans who went in England were not from Sicilia, they were from Normandie and there was no Islam in France, in that time.

Muslims also say Napoleon was a Muslim.
They say they have created our numbers - actually, Indians did...
Pretty soon, they'll say they created Internet.


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Deleted User
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As far as I was aware, the majority of the Islamic knowledge was stolen by the Muslim's from the areas they conquered. So claiming it as 'medieval Islamic law' is a bit dodgy if you ask me. If they said it was 'medieval Egyption law' or 'medieval Chinese law' I would probably find it more convincing... Though I can't be assed doing a history lesson again.

EDIT:
This may be useful for anyone who's interested...
http://www.youtube.com/watch?v=JfrxfFXOrfs&fmt=18&%20#t=04m05s
(At 4:05, Carl Sagan talks about the 3rd Century B.C. which, if the Qu'ran is 1400 years old, would make it 'before' the Buissness Man started selling his Book's; which he claimed was the word of God.)
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Irishcomrad
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Daze
Oct 30 2009, 03:21 AM
:blink:

I'm Norman. We have NEVER ever imported Muslim crap in England. Trust me.

That's propaganda.

Normans who went in England were not from Sicilia, they were from Normandie and there was no Islam in France, in that time.

Muslims also say Napoleon was a Muslim.
They say they have created our numbers - actually, Indians did...
Pretty soon, they'll say they created Internet.


Also Normam mean in French "men of the north" they were Vikings definitely not muslims
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Irishcomrad
Oct 31 2009, 03:01 PM
Daze
Oct 30 2009, 03:21 AM


Also Normam mean in French "men of the north" they were Vikings definitely not muslims



Indeed, Scandinavians...
There were weddings in Normandie with the Natives, which means Celtic people. (Gaulois)
And there were also some who mixed with English when England and Normandie were one country.
And that's it.


Muslims came in France in the Middle Age until Poitiers (which is not a norman town, they never get further) and then, Charles Martel held them back.
Afterwars, France and then Spain (Spain was invaded for more than 700 yrs !) came back in the Western world.
Now, in some french school, to not "offend the muslim community", Charles Martell is not mentionned in some history books for pupils...

Seems like some people want to re-write History.
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AgeofEnlightenment
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Kafir
Muslims also think that Charles Darwin was a muslim, and that muslims set foot in the New World (Americas) in the 9th century, long before Columbus or the son of Eric the Red; Leif Ericsson.

Some extremists/apologists believe that the renaissance was sparked by the islamic golden age, which came directly from the quran which came from god. Some muslims believe Thomas Jefferson was also a muslim, and that the fact he had a copy of the quran in his library meant the US constitution was based off the quran and sharia.

Sarcasm aside; this part of the article best sums up the nonsense posted:

"This article may be inaccurate in or unbalanced towards certain viewpoints. Please improve the article by adding information on neglected viewpoints, or discuss the issue on the talk page."

That and the article mentions POSSIBLE. Well it's possible that the hindus had an influence on the US constitution, it's possible that reality is an illusion made up by our senses controlled by a Matrix, it's possible that the world really is run by beak-nosed, goat-horned, zionist free masons hell bent on our destruction and slavery. - Adolf Hitler

Yeah, wikipedia is serious business. Land of made up drivel and unverified claims.
"A casual stroll through the lunatic asylum shows that faith does not prove anything."
Friedrich Nietzsche

"All things must be examined, debated, investigated without exception and without regard for anyone's feelings." - Denis Diderot.

"People willing to trade their freedom for temporary security deserve neither and will lose both." - Benjamin Franklin
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cfcsi
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The trouble with this trite, often cited article is that historically it makes little sense - the arguement is that our legal system is influenced by the Norman conquest of britain in 1066 and that Islam somehow influenced this ignores the fact that Britain had been invaded much earlier than this by Vikings.

The Vikings by as early as the 9th century were invading England and Scotland, and they brought their own legal system, even earlier than that were evidenced records from the anglo-saxon chronicle which chronicles viking raids from ad793.

The Viking legal system was quite advanced and bears a remarkable resemblance to the system we use now, for example:

Guilt and inncoence was established by a panel (in old norse, a 'kvidr' of people who were consulted as to what they THOUGHT was the truth.

The kvidr was a jury of 12, (or two times 12 or 3 times twelve depending on how complex the case was) decided the question of guilt, the law-sayer told the jury what the law said about the crime commited and the accused was either convicted or declared innocent by the "kvidr"

If found inncoent, the accused would be cast out of the settlement and declared as being an "out-law"
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Inconclusive
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The Don
Remember Wikipedia can be edited so you can type any bollocks you want in there. Unreliable source.
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Patriotism is not racism.
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A great deal of our law came from the Danes and much of this was left in place by the Normans, (Norsemen).
arthur
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markweir
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Well i guess there is not much to fret about here, laws /cultures all mix / come from similar roots if you go far enough back. I woudl have thought that teh Christian influence was a bit stronger though. And..important point..wikipedia is not a strong sourcve of truth
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