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Reply #23: Were we talking about Britian or the West? [View All]

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azurnoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-02-08 03:46 PM
Response to Reply #22
23. Were we talking about Britian or the West?
Edited on Sat Aug-02-08 03:47 PM by azurnoir
We were talking about a convert from the West Bank.

If before you so sterotype Islam and Sharia law perhaps it would help to know what you are talking about, besides the stuff on RW blogs and Fox news

This is a "small" excerpt from the article which covers Sharia's influence on British, US and International law as well yes Dhimmi read it or not as you please

Sharia (Arabic: شريعة transliteration: arīʿah) is the body of Islamic religious law. The term means "way" or "path to the water source"; it is the legal framework within which the public and private aspects of life are regulated for those living in a legal system based on Islamic principles of jurisprudence and for Muslims living outside the domain. Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues.

<snip>

One of the institutions developed by classical Islamic jurists which influenced civil law was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the Aval in French civil law and the Avallo in Italian law.<4> The "European commenda" limited partnerships (Islamic Qirad) used in civil law as well as the civil law conception of res judicata may also have origins in Islamic law.<3>
The transfer of debt, which was not permissible under Roman law but is practiced in modern civil law, may also have origins in Islamic law.<40> The concept of an agency was also an "institution unknown to Roman law", where it was not possible for an individual to "conclude a binding contract on behalf of another as his agent." The concept of an agency was introduced by Islamic jurists, and thus the civil law conception of agency may also have origins in Islamic law.<41> The Siete Partidas of Alfonso X, which was regarded as a "monument of legal science" in the civil law tradition, was also influenced by the Islamic legal treatise Villiyet written in Islamic Spain.<42><43>
Islamic law also introduced "two fundamental principles to the West, on which were to later stand the future structure of law: equity and good faith", which was a precursor to the concept of pacta sunt servanda in civil law and international law. Another influence of Islamic law on the civil law tradition was the presumption of innocence, which was introduced to Europe by Louis IX of France soon after he returned from Palestine during the Crusades. Prior to this, European legal procedure consisted of either trial by combat or trial by ordeal. In contrast, Islamic law was based on the presumption of innocence from its beginning, as declared by the Caliph Umar in the 7th century:<42>
"Only decide on the basis of proof, be kind to the weak so that they can express themselves freely and without fear, deal on an equal footing with litigants by trying to reconcile them."
The concept of Ombudsmen was derived from the example of the second Muslim Caliph, Umar (634-644) and the concept of Qadi al-Qadat (developed in the Muslim world), which influenced the Swedish King, Charles XII. In 1713, fresh from self-exile in Turkey, Charles XII created the Office of Supreme Ombudsman, which soon became the Chancellor of Justice.<44>


http://en.wikipedia.org/wiki/Sharia
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