Is English law related to Muslim law?
In London’s historic “Inns of Court”, barristers practise law in the shadow of the distinctive medieval Temple Church. But does English law really owe a debt to Muslim law?
For some scholars, a historical connection to Islam is a “missing link” that explains why English common law is so different from classical Roman legal systems that hold sway across much of the rest of Europe.
It’s a controversial idea. Common law has inspired legal systems across the world. What’s more, calls for the UK to accommodate Islamic Sharia law have caused public outcry.
The first port of call when looking for an eastern link in the common law is London’s Inns of Court.
“You are now leaving London, and entering Jerusalem,” says Robin Griffith-Jones, the Master of the Temple Church, as he walks around its spectacular rotunda.
The church stands in the heart of the legal district and was built by the Knights Templar, the fierce order of monks-turned-warriors who fought Muslim armies in the Crusades.
London’s historic legal district, with its professional class of independent lawyers, has parallels with the way medieval Islamic law was organised.
In Sunni Islam there were four great schools of legal theory, which were often housed in “madrassas” around mosques. Scholars debated each other on obscure points of law, in much the same way as English barristers do.
There is a theory that the Templars modelled the Inns of Court on Muslim ideas. But Mr Griffith-Jones suggests it is pretty unlikely the Templars imported the madrassa system to England. They were suppressed after 1314 – yet lawyers only started congregating in the Inns of Court after the 1360s.
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Tags: Inns of Court, London, Muslim Law
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