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

Publication subTitle :The Origins of the Islamic Patronate

Publication series :Cambridge Studies in Islamic Civilization

Author: Patricia Crone  

Publisher: Cambridge University Press‎

Publication year: 2002

E-ISBN: 9780511871108

P-ISBN(Paperback): 9780521529495

Subject: D90 theory of law (jurisprudence)

Keyword: 法的理论(法学)

Language: ENG

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Roman, Provincial and Islamic Law

Description

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.

Chapter

2 A practical guide to the study of Islamic law

3 The Islamic patronate

4 The case against Arabia

5 The case against the non-Roman Near East: paramone

6 The case for the Roman Near East

7 Conclusion

Appendices

1 The slavegirl's twins

2 Goldziher on Roman and Islamic law

3 The muhtasib

4 Paramonar manumission as tadblr

Notes

Works cited

Index

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