Author: Curt Doolittle

ISLAMIC LAW HELD BACK THE MIDDLE EAST – BUT THE FAILURE OF WESTERN LAW MADE US VULNERABLE

—“During the period of interest, an institution of great importance to Middle Eastern daily life was the holy la w of Islam (shari’a), also known as Islamic law.
In principle, Islamic law covered all human activity. As a matter of practice, certain spheres of life were governed by rules divorced from religious considerations. In the politica! discourse of the Ottoman Empire (1299-1922) there was even a category of laws known as “ruler’s la w” (kanun), as distinct from Islamic law, and also a third category, customary law (orf), which rested on precedent rather than religious scripture or learning.
In commerce and finance, two areas in which the Middle East fell conspicuously behind, right up to modern times Islamic law played a key role. People entered into contracts that followed an Islamic template and were enforced through Islamic courts. They apportioned estates according to Islamic inheritance rules. Residents of the region’s great cities obtained services mostly from waqfs, which were trusts formed under Islamic law and supervised by officials with religious training. Almost alllawsuits involving at least one Muslim were litigated by Muslirh judges, under Islamic legal principles.”–