Origins of and Influences on Islamic law

Abstract

This article examines the origins and evolution of Islamic law as well as its influences. In particular, it considers four major issues of Islamic law discussed by the shari‘a experts, namely: the general conception of Islamic law; the role of pre-Islamic tribal law; Islamic substantive law and the question of interaction with non-Islamic legal systems; and the early development of Islamic legal institutions such as judgeship, market inspection, law schools, and colleges. It also discusses the relationship between state and law and the factors that contributed to the institutionalization of the Islamic judiciary. Finally, it traces the origins and evolution of Islamic law according to the approaches of the traditionalists and skeptics, along with the most important objections to each approach.