Inspired by the historical image of the ‘Golden Age’ in...

Inspired by the historical image of the ‘Golden Age’ in which medieval Jewish learning centers in Iraq, Iran, the Maghreb and Andalusia were highly respected and coexisted peacefully under Islamic regimes, the aim of such a perspective is to reaffirm such dignified historical realities and perhaps even encourage similar visions in the present time.[^9] Pastoral accounts of this type are very common in descriptions of medieval philosophy and mysticism, in which those subjects are portrayed as identity-blinded disciplines with the capacity to transcend divisive elements and religious borders.

Affected by the spirit of the European Enlightenment, these disciplines were taken as a common foundation for universal reflections of a higher order and as a means to bridge the particularities of each religion. The extent to which such collaborations truly took place, or rather have been projected by modern scholars, should be examined in relation to each case independently.

Against this background, the discussion below indicates that collaborative milieus shared legal, as well as theologico-legal perceptions. As we shall see, alongside the kindred theological principles underlying both legal systems, Jewish and Islamic jurists often felt they were participating in the very same projects. Hence, the distinctive positive contents of the two legal systems did not stop them from developing unified conceptual language and similar self-understanding.

However, this perspective implicitly presumes a political vision as well. By highlighting images of collaboration and shared knowledge, the relatedness and common ground between both communities are stressed by ignoring the hierarchical relations as an essential component.[^10] Contrary to the previous motives, the third aim is to increase sensitivity towards essential differences within the compared legal systems and to underline the peculiarities of each.

As such, comparison serves as a methodological tool by which particular features of each legal system are revealed. The comparative perspective makes it easier to observe latent and marginal features. A better understanding of both legal systems is achievable through a conceptual analysis of their notions, institutions and practical solutions.