Rizwan Alam
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Ahmedov-Influence-Roman-law-on-Islamic-law
How so-called Shariah plagiarized from Roman Law!
@smuhs1
Article says..
5. – Conclusion
Deriving from abovesaid, it should be emphasised that issue of Roman influence has not been yet resolved. It needs, as Crone pointed, looking at Syriac and Jewish sources of law. Yet, it is clear that in some cases, impact of Roman law on Islamic law is apparent. Crone was right when suggested that there was indirect influence, but some similarities, especially in contract law reveal that there were direct borrowings from Roman law through Roman legal books. Jokisch was partially right when advanced the idea of direct borrowing through Roman legal books but it is not clear when such borrowing took place and who implemented such large-scale enterprise.
It is also not clear whether influence of Roman law was decisive on formation of Islamic law because evidences shown in present study only demonstrate that influences were minor. Only cross-study of Roman, Jewish and Islamic legal principles can show how Roman legal concepts migrated through Jewish law into Islamic law. Crone already demonstrated on the example of patronate institution such migration, but her findings lead to conclusion that it was not Roman law that influence, but ultimately Greek law that came to serve as a source of influence.
As Crone and then Kofanov pointed during Roman law conference in Moscow, the question of influence should be tested through study of Roman-Syriac lawbook that require further attention and knowledge in ancient Syriac.
As far as direct influence concerned, the Roman and Islamic law of contract should be scrutinised in detail in order to discover whether such influence took place. The mere random study of certain contract law elements demonstrate that direct influence was possible, but it is not clear still. This study therefore yields for another comprehensive investigation, which author hopes to accomplish in future.
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