The ignored heritage of Western law: the historical and contemporary role of Islamic law in shaping law schools

Whilst Islam’s role in shaping science as a whole has been well documented and reasonably recognised, its role in shaping Western law has been almost ignored. Arguably the most famous works on Islam’s contribution to Western humanities and law are by George Makdisi but his works are not used as core textbooks in law schools to understand how legal principles and institutions formed within the West. What is worse is that Islamic law is considered as a fringe subject within universities, only relevant to Muslims or specific growth areas such as Islamic finance. Islamic law is not studied for its general jurisprudential value and methods of reasoning despite its ability to be compared to Western jurisprudence. The root of this ignorance by law departments lies in the perception of Islamic law as archaic, incapable of reform and only relevant to minority communities. Nothing could be further from the truth as within the Islamic tradition, much contemporary reform is taking place with a view to reform methods of and interpretations arising from Islamic jurisprudence. My article will examine attitudes towards Islam of Western scholars operating within the field of humanities and law; secondly, to explore the critical historical connections between Islamic law and Western law that have shaped modern legal concepts; and finally, I will share a case study of teaching European Law to demonstrate the damaging effects of a Eurocentric and colonial approach on legal knowledge and the students that learn it. It is hoped that Islamic law is seen not as a relic of the past but as an entity worthy of study and incorporation in our modes of legal reasoning. For this to occur, serious thought needs to be given to decolonising law schools to appreciate the heritage of Islamic law.