You could have knocked me down with a feather! --- On Mon, 15/3/10, ashok _ <[email protected]> wrote:
From: ashok _ <[email protected]> Subject: Re: [silk] On a point of law. To: [email protected] Date: Monday, 15 March, 2010, 15:08 On Mon, Mar 15, 2010 at 11:09 AM, Indrajit Gupta <[email protected]> wrote: > @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. I dont know about the specific pieces of law mentioned above but a lot of european civil & legislative law and traditions are adapted from islamic ones. e.g things like presumption of innocence, res judicata - you cannot be tried for the same thing twice ... Presumably because many of the european historical documentary traditions were of islamic origin ( there is a book by Ibn Khaldoun called 'socio political analysis of history' ... which is a 13th century study covering some legal traditions of that time... )
