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In the United States, the legal system is largely based on [[English common law]]. But the state of [[Louisiana]] is unique in having a strong influence from French and Spanish legal traditions on its [[Louisiana Civil Code|civil code]]. Spanish and French colonial forces quarreled over Louisiana during most of the 1700s, with Spain ultimately ceding the territory to France in 1800, which in turn sold the territory to the United States in 1803.<ref>{{Cite web|url = http://go.galegroup.com.libezp.lib.lsu.edu/ps/i.do?id=GALE%7CCX3446900575&v=2.1&u=lln_alsu&it=r&p=GVRL&sw=w&asid=be47621d0f52559f686e81e7fc83d650|title = Napoleonic Code|date = 2006|access-date = 17 Feb 2016|website = Gale Virtual Reference Library|publisher = Charles Scribner's Sons|last = Bonfield|first = Lloyd}}</ref> The [[Tenth Amendment to the United States Constitution|10th Amendment]] to the US Constitution grants states control of laws not specifically given to the Federal government, so Louisiana's legal system retains many French elements. Examples of the practical legal differences between Louisiana and the other states include the [[bar exam]] and legal standards of practice for attorneys in Louisiana being significantly different from other states; Louisiana is the only American state to practice [[forced inheritance]] of an estate; also, some of Louisiana's laws clash with the [[Uniform Commercial Code]] practiced by the other 49 states.<ref>Engber, Daniel. [http://www.slate.com/articles/news_and_politics/explainer/2005/09/louisianas_napoleon_complex.html Is Louisiana Under Napoleonic Code?] Slate.com, retrieved 11 September 2014</ref>
== Influenced By ==
Numerous studies suggest the influence of the [[Maliki school|Maliki]] rite on the development of this legal code. Three historical factors support the thesis of Maliki rite involvement:
# Custom, a source of the civil code, was shaped by "Las Siete Partidas," the first European legal code written in 1289 by King Alfonso IX of Castile. This code had roots in the legal traditions of Muslim Andalusia, particularly texts of Arab origin like "Bocados de oro and Poridad de poridades."
2. Napoleon's interest in Islam grew during his 1798 campaign in Egypt.
3. Inconsistencies and contradictions between [[Roman law]] and Napoleon's code, especially regarding party walls and damages from humidity, led to the adoption of new provisions. The resemblance between articles addressing neighborhood issues and dividing walls in Napoleon's code and the Ottoman Madjalla prompts a closer examination of "aḥkām al-fiqh" to comprehend the sources of the right of neighborhood outlined in the Civil Code.
The notable resemblance in both substance and structure between Napoleon Bonaparte's Civil Code and the [[Ottoman Empire|Ottoman]] Madjalla raises questions about their origins. Dating back to the early 19th century, Napoleon's contributions to the Civil Code suggest the influence of Muslim law, specifically the Mâlikî rite. In the late 19th century, Eastern and Western historians and jurists, such as Muhamed Kâdrî Pācha, Mahlūf ibn Mohamed al-Miniāwî, and Jean Joseph Delsol, explored this influence. Confirming this perspective, French jurisconsults like Sidiou and Pesles asserted that the Napoleonic code was fundamentally inspired by the [[Sharia|Shari'a]]. A doctoral thesis in 2017 titled "The Influence of Mâlikite Jurisprudence on French Civil Law" effectively demonstrated Napoleon's inspiration from the Shari'a in developing the French Civil Code. <ref>{{Cite journal |last=Hussein |first=Zainab Ibrahim |date=2019 |title=The Impact of the Maliki School of Thought on The French Civil Law |url=https://www.iasj.net/iasj/article/214288 |journal=Islamic Sciences Journal |language=en |volume=42 |issue=42}}</ref><ref>{{Citation |title=Rules of Engagement {{!}} Hamza Yusuf, Salam Al-Marayati, Qamar-ul Huda & Hala Hijazi |url=https://www.youtube.com/watch?v=zkiUXCvClr0 |access-date=2024-01-21 |language=en}}</ref><ref>{{Cite web |date=2023-03-10 |title=“Aḥkâm al-jiwâr” Influence on Ottoman Mecelle and Napoleon’s Civil Code - İslami Araştırmalar Dergisi |url=https://www.islamiarastirmalar.com/journal_article/a%e1%b8%a5kam-al-jiwarin-osmanli-mecellesine-etkisi-ve-napolyonun-medeni-kanunu-a%e1%b8%a5kam-al-jiwar-influence-on-ottoman-mecelle-and-napoleons-civil/ |access-date=2024-01-21 |language=tr}}</ref>
==See also==
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