The possible contribution of islamic legal institutions to the emergence of a rule of law and the modern state in Europe

Abstract

Many people in the West tend to think of a progressive and rational West in stark contrast to a backward and stagnant Muslim world. In addition, the West is frequently assumed to have developed autonomously as a result of its own unique features. Yet, the relationship between the West and the Muslim world is far more complex than at first appears. Their histories have been marked by numerous exchanges. Those in the areas of architecture, science, philosophy and trade are being increasingly studied in the West,1 although they remain little known among the general public. Less well-documented and even less well-known outside specific academic circles is the possible influence of Islamic legal institutions on those of the West. However, if some important European legal institutions that emerged in the early Middle Ages have at least some Islamic origins, this area of transmission and reception has potentially important implications for understanding the emergence of the modern state and governance in Europe. Indeed, it would cast another light on the establishment of a rule of law and the development of an impersonal state, which, in turn, contributed to the breakdown of feudal relations and, later, to the emergence of capitalism in Europe.