historical interactions of legal systems: adoption of islamic legal institutions by common law

نویسندگان

مصطفی سروی مقدم

استادیار گروه حقوق دانشکده علوم اجتماعی، دانشگاه بین المللی امام خمینی(ره)

چکیده

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 wasprovided with such a great legal institutions and culture that, even today,give rise to a great surprise as to their magnificence, causing admirations byscholars. but, it raises queries regarding the original source of those legalinstitutions, for which no final response has been produced yet. but, certainwestern lawyers have traced great similarities between some legalinstitutions in islamic law and common law, indicating that the former maybe the root of the latter. this study has, with the aim of finding decisiveanswers to the queries, taken up the task of analyzing the status of certainislamic legal institutions and comparison thereof with their counterparts incommon law. the findings reveal a wonderful historical achievements inthis respect which, in the author's idea, will result in the islamization andlocalization of certain human sciences in a superior level.

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