NAPOMENE O UPOREDNOM PRAVU U DJELIMA MUSLIMANSKIH I ZAPADNIH PRAVNIKA
REMARKS ON COMPARATIVE LAW IN THE WORKS OF MUSLIM AND WESTERN JURISTS

Summary/Abstract: Ever since the second half of the nineteenth century, there have been constant debates on matters of comparative law. Legal methodologists and law historians, both in the East and in the West, have been particularly interested in these debates. What is comparative law: a scientific discipline or merely a legal method? This paper does not aim to prove either of those perspectives is more correct. It is our intention to present a few remarks on comparative law that can benefit those who research the history of comparative law. Medieval Muslim jurists, such as Ibn Rushd of Andalus gave their contribution to the development of comparative law and probably influenced European jurists to start doing their own research of different legal traditions.The benefit of studying comparative law is undisputed among jurists. The debate on whether it is a scientific discipline or a legal method, on the other hand, will remain.However, such debates do no harm, as what really matters are the results reached through research in comparative law.

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