By Patricia Crone
ISBN-10: 051152224X
ISBN-13: 9780511522246
ISBN-10: 0521322537
ISBN-13: 9780521322539
ISBN-10: 0521529492
ISBN-13: 9780521529495
This publication examines the cultural origins of Islamic legislation. a few experts rigidity the significance of the contribution of Roman legislations; others that of Arabian legislation. so much are agreed that Jewish legislation contributed, yet now not defined extra. Dr Crone checks the Roman speculation almost about one establishment, the patronate, which does certainly seem to owe anything to Roman legislation. He concludes that Roman legislations contributed simply in as far as it was once half and parcel of the particularly various felony perform of the close to jap provinces, and that provincial legislation might pay off extra attention through felony historians.
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Extra info for Roman, Provincial and Islamic Law: The Origins of the Islamic Patronate
Sample text
Determining their origin in time by contrast is extremely difficult. The rule of thumb is that Prophetic traditions are later than those ascribed to Companions, which in their turn are likely to be later than those giving the opinions of early lawyers - or in other words, the older the authority invoked, the later the tradition. Similarly, a perfect isnad is likely to be later than an imperfect one. After all, the better a tradition conforms to the criteria evolved in the time of ShafTl, the more likely it is to date from the time in which these criteria were evolved.
G. 11 But the Imamis,12 Isma'Ilis13 and Nasiri Zaydls14 hold that the manumitter's title rests on sabab (tie, connection) rather than nasab (genealogical relationship), and all three schools exclude the manumitter from succession in competition with any blood relation of the freedman, however remote, though he will inherit together with a spouse. 2 The manumitter is obliged to pay blood-money on behalf of the freedman, that is to say he and his agnates form the freedman's caqila, or blood-money group.
61 Here I should like to add two examples to show why, in the field of substantive law, traditions attributed to the Prophet must indeed be presumed to be inauthentic. The Prophet is said to have forbidden sale and gifts of wald\ that is the patronate which is the subject of this book, and all classical lawyers duly forbid such transactions without any disagreement at all. 62 One might thus infer that the Prophet actually did forbid such transactions and that the lawyers simply followed his example.
Roman, Provincial and Islamic Law: The Origins of the Islamic Patronate by Patricia Crone
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