Abstract

In the twelfth century, the establishment of common law under Henry II, king of England, marked a pivotal moment in the evolution of the English legal system. While the roots of this legal framework are traditionally traced back to Roman and canon law traditions, there is ongoing debate among historians regarding potential direct influences from Islamic legal institutions. Arab civilisation significantly influenced the identity of Sicily, ruling the island for more than two centuries until its conquest by Norman knights in 1061. This contribution seeks to examine critically the historical connections between classical Islamic law, as practised in Arab Sicily, and specific legal principles evident in the common law of England. The analysis delves into the origins of concepts, such as trust (waqf), the primacy of law over the state, individual freedoms, contractual freedom, judicial impartiality and the doctrine of res judicata. It conducts a comparative study to highlight the similarities and differences between these two legal systems. This study clearly indicates that the interaction between Islamic and common law traditions left a lasting imprint on legal systems worldwide, underscoring the significance of cultural exchange, but also emphasises the dynamic nature of legal evolution through cross-cultural influences.