HISTORICAL INTERACTIONS OF LEGAL SYSTEMS: ADOPTION OF ISLAMIC LEGAL INSTITUTIONS BY COMMON LAW

Author

Assistant Professor, Private Law Department, University of IKIU

Abstract

The social situation of medieval Britain prior to its conquest by William,
Duke of Normandy, in 1066 AD was so retarded. But, soon after that it was
provided with such a great legal institutions and culture that, even today,
give rise to a great surprise as to their magnificence, causing admirations by
scholars. But, it raises queries regarding the original source of those legal
institutions, for which no final response has been produced yet. But, certain
western lawyers have traced great similarities between some legal
institutions in Islamic law and Common law, indicating that the former may
be the root of the latter. This Study has, with the aim of finding decisive
answers to the queries, taken up the task of analyzing the status of certain
Islamic legal institutions and comparison thereof with their counterparts in
Common law. The findings reveal a wonderful historical achievements in
this respect which, in the author's idea, will result in the Islamization and
localization of certain human sciences in a superior level.

Keywords