Roman Law and Mohammedan Jurisprudence (part 1)

Authors

Theodore P. Ion

Abstract

A comparison of the Roman law with Mohammedan jurisprudence, is a task not easy to accomplish, nor can an essay on that theme be made comprehensive enough to embrace all the ramifications of both legal systems. The object, therefore, of the present article, is to make only a cursory comparison of them; and to demonstrate their similarity in more than one point, showing the close analogy existing between them, and the influence that the laws of Rome exercised in the development of the Islamic legislation. As in the early days of Rome, law and religion had a close connection with each other, so in the countries professing the faith of Mohammed, theology and jurisprudence were firmly linked together. The Arabs, who were the first converts to that religion, accepted the "divine messages," not only as a new faith, prescribing their duties to God, but also as a law enjoining upon them adherence to certain rules in their relations to man. The "Prophet" was of their race, and his opinions and commandments helped them to fix their beliefs and regulate their conduct.

Recommended Citation

Theodore P. Ion, Roman Law and Mohammedan Jurisprudence (part 1), 6 Mich. L. Rev. 44 (1907).
Available at: https://repository.law.umich.edu/mlr/vol6/iss1/4