Roman Law and Mohammedan Jurisprudence, Part 2

Authors

Theodore P. Ion, Boston University Law School

Abstract

In examining the early life of the Romans and comparing it with the social condition of the people of the Arabian peninsula in the pre-Islamic times, who are rightly considered the best type of the race, amongst those who embraced the faith of Mohammed, we are immediately struck with the great similarity that existed between the Roman gens; or the Greek ϒένος; and the Arabian Akila, though it cannot thereby be concluded that this likeness necessarily denotes a descent from the same stock. A distinguished French orientalist, in observing this striking similarity, ventured to conjecture that both people, namely, the Romans and the Arabs, have a common origin, tracing respectively their ancestry to the Semitic and Indo-Germanic races, from whom both are supposed to descend. On the other hand, an eminent English jurist, pointing out the likeness existing between the Indian village community and the Roman gens, does not express the opinion that the latter necessarily derives its origin from India. Notwithstanding the homogeneity of constitution of the various types of expanded families, be they the Roman gens, the Greek ϒένος, the Arabian Akila, or the Indian village communities,--which may or may not be entirely accidental, -still it may be said that the grouping of people into families can be ascribed rather to their natural tendency to form bodies politic for a reciprocal protection and defense, than to a common original or descent from the same race.

Recommended Citation

Theodore P. Ion, Roman Law and Mohammedan Jurisprudence, Part 2, 6 Mich. L. Rev. 197 (1908).
Available at: https://repository.law.umich.edu/mlr/vol6/iss3/1