Roman Law, Common Law, Talmudic Law, And Shari'a Law

An excerpt from Cicero’s “De Officiis” (Book I):

But the most marked difference between man and beast is this: the beast, just as far as it is moved by the senses and with very little perception of past or future, adapts itself to that alone which is present at the moment; while man — because he is endowed with reason, by which he comprehends the chain of consequences, perceives the causes of things, understands the relation of cause to effect and of effect to cause, draws analogies, and connects and associates the present and the future — easily surveys the course of his whole life and makes the necessary preparations for its conduct.

Nature likewise by the power of reason associates man with man in the common bonds of speech and life; she implants in him above all, I may say, a strangely tender love for his offspring. She also prompts men to meet in companies, to form public assemblies and to take part in them themselves; and she further dictates, as a consequence of this, the effort on man’s part to provide a store of things that minister to his comforts and wants — and not for himself alone, but for his wife and children and the others whom he holds dear and for whom he ought to provide; and this responsibihty also stimulates his courage and makes it stronger for the active duties of life.

Above all, the search after truth and its eager pursuit are peculiar to man. And so, when we have leisure from the demands of business cares, we are eager to see, to hear, to learn something new, and we esteem a desire to know the secrets or wonders of creation as indispensable to a happy life. Thus we come to understand that what is true, simple, and genuine appeals most strongly to a man’s nature. To this passion for discovering truth there is added a hungering, as it were, for independence, so that a mind well-moulded by Nature is unwilling to be subject to anybody save one who gives rules of conduct or is a teacher of truth or who, for the general good, rules according to justice and law. From this attitude come greatness of soul and a sense of superiority to worldly conditions.

And it is no mean manifestation of Nature and Moral Reason that man is the only animal that has a feeling for order, for propriety, for moderation in word and deed. And so no other animal has a sense of beauty, loveliness, harmony in the visible world; and Nature and Reason, extending the analogy of this from the world of sense to the world of spirit, find that beauty, consistency, order are far more to be maintained in thought and deed, and the same Nature and Reason are careful to do nothing in an improper or unmanly fashion, and in every thought and deed to do or think nothing capriciously.

It is from these elements that is forged and fashioned that moral goodness which is the subject of this inquiry — something that, even though it be not generally ennobled, is still worthy of all honour; and by its own nature, we correctly maintain, it merits praise, even though it be praised by none.

Wikipedia:

The entire Talmud consists of 63 tractates, and in the standard print, called the Vilna Shas, there are 2,711 double-sided folios. It is written in Mishnaic Hebrew and Jewish Babylonian Aramaic and contains the teachings and opinions of thousands of rabbis (dating from before the Common Era through to the fifth century) on a variety of subjects, including halakha, Jewish ethics, philosophy, customs, history, and folklore, and many other topics. The Talmud is the basis for all codes of Jewish law and is widely quoted in rabbinic literature.

An excerpt from, “The Common Law And Civil Law Traditions” (PDF) Berkeley Law: 

Common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge. As a result, judges have an enormous role in shaping American and British law. Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict. 

An excerpt from, “The Significance of Islamic Law in the World Today” By J. N. D. Anderson, The American Journal of Comparative Law, 1960:

It might well appear, whether to the judge, the practicing or the academic lawyer, that the study of Islamic law, even as a side line and on a comparative basis, is somewhat of an extravagance, an exotic pursuit for the would-be Orientalist alone. But is this, or is this not, a fact? Is there any real significance in Islamic law today, whether in the Middle East, Pakistan, Indonesia, Africa, or elsewhere?

In answering this question, we must first remember that the religion of Islam is currently professed by some four hundred million souls- by about one-seventh, or even one-sixth, of the total world population. More particularly, of course, it is the religion of the overwhelming majority of the people who live in the Middle East, Pakistan, and Indonesia, and of many millions of those who live in Africa. And if there is any one aspect of Islam which is uniquely characteristic of that religion- which is, indeed, fundamental to its very nature-it is the Shari’a, or the sacred law.

To the pious Muslim, all down the ages, life has been dominated by the twin sciences of theology and law. Theology prescribes all that he must believe, while the law comprises all that he must do or leave un-done. Nor can there be any doubt that in Islam the law is the senior science of the two; for Islam has always been far more tentative and un-certain in its apprehension of the Person of the God of revelation than in its elaboration of the precepts which He has revealed. And while it is true that both theology and the sacred law have today lost their pristine dominance throughout much of the Muslim world, there can be no doubt that the influence of the Shari’a is still very considerable. It is, indeed, impossible even today really to understand the Muslim mind, Muslim society, Muslim ideals, politics, and reactions, without some knowledge of that law which, in theory at least, still molds and pervades them all.

Video Title: Sharia Law – Sacred or Secret? – Lloyd De Jongh – Sharia: The Muslim Talmud – Episode 1. Source: CIRA International. Date Published: November 4, 2022. Description:

Sharia is a text of Islamic sacred law, but no one really knows anything about it. In this series, Al Fadi has invited Lloyd De Jongh onto the set to discuss various aspects of this highly regarded religious law. Lloyd will review many aspects of the text including its origin, evolution, weaknesses, and its mysterious and guarded nature. Tune in as this series is sure to be both intriguing and informative.