MAHOMMEDAN LAW. The legal situation in the Moslem world is of the
highest complexity, and can be made intelligible only by tracing its
historical development. First came the system (_fiqh_, _sharia_) which
takes the place in Islam of canon law in Roman Christendom. It begins
with Mahomet sitting as judge over the primitive Moslem community at
Medina. He was the Prophet of God, and judged, as he ruled, absolutely;
any decision of his was valid. But he found it, in general, advisable
and fitting to follow the local law or usage of Medina when the new
faith did not require a change. It thus came about that his decisions
followed, at one time, the usage of the Arab tribes of Medina; at
another, the law respected by the Jewish tribes there--a rabbinic
development of the law of Moses, deeply affected by Roman law; at
another, the more developed commercial law of Mecca, known to his
followers who had fled thence with him; or, finally, his own personal
judgment, stated it might be as his own sense of right or as the
decision of Allah and even incorporated in the Koran. In his use of
these he was an eclectic opportunist, and evidently, except as regards
such frequently recurring subjects as inheritance, marriage, &c., had no
thought of building up a system or code. At his death he left behind
only a few specific prescriptions in the Koran and a mass of recorded
decisions of cases that had come before him. He had used himself, in our
terms, common law, equity, legislation; to guide his followers he left
his legislative enactments and the record of his use of common law.
Since his death there has been no new legislation in orthodox Islam.
Public-domain text, read in full here on John Shaqi.
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