Christianity and Islam by C.H. Becker
page 42 of 61 (68%)
page 42 of 61 (68%)
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doubtless rooted in the ecclesiastical law of Christendom which was
then first evolved. I have no doubt that the development of Muhammedan tradition, which precedes the code proper, was dependent upon the growth of canon law in the old Church, and that this again, or at least the purely legal part of it, is closely connected with the pre-Justinian legislation. Roman law does not seem to me to have influenced Islam immediately in the form of Justinian's _Corpus Juris_, but indirectly from such ecclesiastical sources as the Romano-Syrian code. This view, however, I would distinctly state, is merely my conjecture. For our present purpose it is more important to establish the fact that the doctrine of duty canonised the manifold expressions of the theory that life is a religion, with which we have met throughout the traditional literature: all human acts are thus legally considered as obligatory or forbidden when corresponding with religious commands or prohibitions, as congenial or obnoxious to the law or as matters legally indifferent and therefore permissible. The arrangement of the work of daily life in correspondence with these religious points of view is the most important outcome of the Muhammedan doctrine of duties. The religious utterances which also cover the whole business of life were first made duties by this doctrine: in practice their fulfilment is impossible, but the theory of their obligatory nature is a fundamental element in Muhammedanism. Where the doctrine of duties deals with legal rights, its application was in practice confined to marriage and the affairs of family life: the theoretical demands of its penal clauses, for instance, raise impossible difficulties. At the same time, it has been of great importance to the whole spiritual life of Islam down to the present day, because it reflects Muhammedan ideals of life and of man's place in the world. Even to-day it remains the daily bread of the soul that |
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