This study aims to discuss the question of foreign influences on early Islamic law. This issue has been dealt with from various perspectives. Some scholars claim that Roman law was the predominant influence in formulating Islamic law, both in its legal concepts and its application. Certain scholars, however, maintain that the provincial law influenced Islamic law more, arguing that Roman law was not really practiced in former Greek provinces where Islamic law was formulated. Still others argue that Jewish influences are also believed to have shaped the development of early Islamic law, considering that Babylonian schools were situated close to the Hanafi school. / The problem of foreign influences on early Islamic law, however, is a matter of degree only as far as the pre-Islamic Arab traditions are concerned. It is believed that certain institutions derived from pre-Islamic Arabic society, the Qur' an and the traditions of the Prophet provided the early Muslims with a considerable wealth of values, norms and broad principles as well as specific rules which were to guide the Muslims in their legal speculation in order to develop positive law.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.23245 |
| Date | January 1995 |
| Creators | Syukur, Iskandar |
| Contributors | Hallaq, Wael B. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001472781, proquestno: MM07961, Theses scanned by UMI/ProQuest. |
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