Roman, Provincial and Islamic Law: The Origins of the Islamic Patronate (Cambridge Studies in Islamic Civilization)

This book examines the cultural origins of Islamic law. Some authorities stress the importance of the contribution of Roman law; others that of Arabian law. Most are agreed that Jewish law contributed, but not explained further. Dr Crone tests the Roman hypothesis with reference to one institution, the patronate, which does indeed appear to owe something to Roman law. He concludes that Roman law contributed only in so far as it was part and parcel of the rather different legal practice of the Near Eastern provinces, and that provincial law would repay further consideration by legal historians. "This book examines the cultural origins of Islamic law. Some authorities stress the importance of the contribution of Roman law; others that of Arabian law. Most are agreed that Jewish law contributed, but not explained further. Dr Crone tests the Roman hypothesis with reference to one institution, the patronate, which does indeed appear to owe something to Roman law, but concludes that Roman law contributed only in so far as it was part and parcel of the rather different legal practice of the Near Eastern provinces, and that provincial law would repay further consideration by legal historians." -- Publisher's information This book examines the cultural origins of Islamic law. Some authorities stress the importance of the contribution of Roman law; others that of Arabian law. Most are agreed that Jewish law contributed, but not explained further. Dr Crone tests the Roman hypothesis with reference to one institution, the patronate, which does indeed appear to owe something to Roman law. She concludes that Roman law contributed only in so far as it was part and parcel of the rather different legal practice of the Near Eastern provinces, and that provincial law would repay further consideration by legal historians. Through a study of the Islamic patronate, this book tests the hypothesis that Roman law was a formative influence on Islamic law. It concludes that Roman law contributed only in so far as it was part and parcel of the rather different legal practice of the Near Eastern provinces. This book is concerned with the relative contributions of Roman and provincial law to the Shari'a, the holy law of Islam. Patricia Crone. Includes Bibliographical References (p. [159]-174) And Index.