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在罗马法和伊斯兰法的形成、发展过程中,法学家的理论活动起着很重要的推动作用。罗马法学家的许多著述,如著名的《法学阶梯》,后来成为法国、德国民事立法的重要依据。而直至今天的伊斯兰国家的法律制度和立法原则,仍不同程度地受到各自信奉的伊斯兰法学家各学派理论的影响。探讨和比较罗马法学家和伊斯兰法学家的理论活动特点,有助于把握属于世界性法系的罗马法和伊斯兰法的特点及其对当今世界立法、司法活动的影响。诚然,罗马法学家和伊斯兰法学家的活动是在完全不同的经济、政治、宗教背景下进行的,甚
In the formation and development of Roman law and Islamic law, the theoretical activities of jurists play an important role in promoting. Many writings of Roman jurists, such as the famous “legal ladder”, later became the important basis of civil legislation in France and Germany. The legal systems and legislative principles in Islamic countries up to the present day are still influenced in varying degrees by the various schools of Islamic jurists who believe in them. Studying and comparing the features of the theoretical activities of Roman jurists and Islamic jurists helps to grasp the characteristics of the Roman law and Islamic law belonging to the world legal system and its impact on the legislative and judicial activities in the world today. It is true that the activities of Roman jurists and Islamic jurists are conducted under entirely different economic, political and religious backgrounds.