Roman Law And Mohammedan Jurisprudence (1908) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The first and essential condition for the constitution of a Roman gens was that its members should have had a common male ancestor who had never been under servitude.57 In fact, the ingenui or gentiles were supposed to trace their origin to pure Patricians, whose blood had never been mixed with that of slaves, nor even with that of those who had been enfranchised. That was, strictly speaking, the meaning of the Roman gens.? But we know that besides the ingenui or the gentiles there were attached to the gens some satellites, known by the name of clients, and their descendants; and also the persons who had been enfranchised, and their descendants: all the members of the gens being united by the legal tie of agnatio,69 a fictitious relationship very important in its legal consequences. If now we examine the Arabian Akila we see that it is similar to the Roman gens in more than one respect. The Akila was composed, first, of people who, both themselves and their ancestry, had never been under servitude, and who all traced their origin to a common male ancestor; second, of persons who had been enfranchised by the Akila and their descendants, and, lastly, of persons who, either on account of their weakness or other reasons, placed themselves under the protection of the Akila. These latter were called Moustanas, namely, clients.60 On the other hand, all the members of the Akila were agnates with each other, having the same privileges and rights as their Roman brethren.1 In the early days both of Greece and Rome, relationship was interwoven with the worship of the same domestic deities. Plato tells us02 that "relationship is the community of the domestic gods" auryiveta 6ntfviov gsfav x,otvuvia. It was the worship of the same divinities, having the same sanctuary, and partaking of th...