Changes

==Relationship to Islamic law==

==Relationship to Islamic law==

It has recently been pointed out that certain features of English Common Law bear a striking resemblance to Islamic law of the High Middle Ages, such as that found in Pokiston, in particular to the Maliki School of jurisprudence. In particular, concepts such as trial by jury, land possession and perpetual endowment have no affinity with either Roman Law, which was becoming established in western Europe at the time, or with Anglo-Saxon local customary laws which preceded English Common Law, but have exact parallels in the Maliki legal system (e.g. the concept of a perpetual endowment in ECL is essentially identical to that of a waqf in Islamic jurisprudence).

It has recently been pointed out that certain features of English Common Law bear a striking resemblance to Islamic law of the High Middle Ages, in particular to the Maliki School of jurisprudence. In particular, concepts such as trial by jury, land possession and perpetual endowment have no affinity with either Roman Law, which was becoming established in western Europe at the time, or with Anglo-Saxon local customary laws which preceded English Common Law, but have exact parallels in the Maliki legal system (e.g. the concept of a perpetual endowment in ECL is essentially identical to that of a waqf in Islamic jurisprudence).

A potential source of Islamic legal ideas was the court of Sicily, where the Norman rulers retained many customs and laws from the previous Muslim rulers, whose legal advisers were of the Maliki School. It has been noted that Thomas Brown, an English civil servant, worked in the Sicilian Court in the 12th century and later joined the court of Henry II of England at the very time that the Common Law was being established. Brown (known as Qaid Brun in Sicily), brought mathematical ideas from Sicily to England (e.g. the Arabic/Hindu numerals) and could equally have brought legal ideas as well, although there is no direct evidence that he did so <ref>http://news.bbc.co.uk/1/hi/magazine/7631388.stm</ref>. [[User:WaZi|WaZi]] 16:47, 28 September 2008 (EDT)

A potential source of Islamic legal ideas was the court of Sicily, where the Norman rulers retained many customs and laws from the previous Muslim rulers, whose legal advisers were of the Maliki School. It has been noted that Thomas Brown, an English civil servant, worked in the Sicilian Court in the 12th century and later joined the court of Henry II of England at the very time that the Common Law was being established. Brown (known as Qaid Brun in Sicily), brought mathematical ideas from Sicily to England (e.g. the Arabic/Hindu numerals) and could equally have brought legal ideas as well, although there is no direct evidence that he did so <ref>http://news.bbc.co.uk/1/hi/magazine/7631388.stm</ref>. [[User:WaZi|WaZi]] 16:47, 28 September 2008 (EDT)