@vajra
Spanish law has its roots in Islamic law brought by Moors
I think Ikram meant Spanish law is influenced by Islamic law brought to Spain
by Moors.
There is no doubt about the fact that prophet Muhammad was the first
law giver that guaranteed woman to own property as inheritance, as part
of marriage contract, or by other transactions. After Moors, Spanish
Christian rulers incorporated this salient feature of Islamic law.
Quran has provided spirit of law. It is only procedures that
differentiates Roman civil law from so called Islamic
law.----------------------------------------------------------------------------------------------------------------------------
This sounds like total rubbish to me.
However, before reacting to it, I would like to ask the lawyers on this list if
this is even partially correct.
1. Has any element of Spanish law been derived from Islamic law? I was not
aware of this, and doubt it strongly. Relations between the Moorish kingdoms
and the Spanish kingdom of Castile and Aragon were far too hostile to visualise
such a synthesis.
2. Concerning the rights of women, specifically the inheritance of property,
the acquisition of property through marriage as part of the contract, or any
other type of contract, is this a part of the Spanish legal system?
3. Is this part of the legal system in any other continental European legal
system?
I would be grateful if anyone can throw any light on these issues.
TIA.
