By Herbert J. Liebesny
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Extra resources for The law of the Near & Middle East: readings, cases, & materials
Comment: Greek and Roman law were wholly secular during the classical period. This is clearly expressed by a great Roman jurist, Gaius, in his Institutes of Roman law. GAIUS Institutiones 1. 1. All peoples who are ruled by laws and customs, utilize partly the common law of all men; what each people establishes for itself as law, is its own specific law and called civil law, as being the specific law of the state. Comment: The Romans drew a definite distinction between fas, divine law, and ius, secular law.
He is distinguished by the fact that he added another source of law to those known to other scholars, namely, the practice of the Medinese. He was of the opinion that by virtue of their religion and traditionalism, the Medinese always necessarily followed each immediately preceding generation of Medinese, in respect of what they cared to do or not to do. The (process would have gone back) to the generation that was in contact with the actions of the Prophet, and they would have learned from him (what to and not to do).
D. ANDERSON, "Law as a Social Force in Islamic Culture and History," p. 15. It is to revelation . . that the Muslim turns as the primary and, in one sense, the only source of law. It was thus that the classical theory of Islamic jurisprudence, which has dominated all the orthodox schools of law since the third century of the Muslim era, concentrated on four sources of the law: the or inspired book, the sunna or practice of Muhammad, the or consensus of Muslims, and qiyas or analogical deductions from these three primary sources.