MANIFESTATIONS OF THE INFLUENCE OF THE MALIKI SCHOOL ON THE FRENCH CIVIL CODE

Abstract

This article examines the extent to which the French Civil Code was influenced by Maliki jurisprudence, based on the translation commissioned by Napoleon of “Mukhtasar Khalil” by Shaykh Khalil, together with Shaykh al-Dardir’s commentary, following his return from Egypt and prior to the promulgation of the French Civil Code in 1804. The study explores the historical relationship and practical legal provisions that support this proposition. Maliki jurisprudence flourished in Sicily in the East and in al-Andalus in the West, while the codification of legal rules consistent with Maliki jurisprudence can be observed in numerous legal issues.