By Muhammad Talha Amin Baruah
The Napoleonic Code, a cornerstone of modern European law, shares remarkable similarities with the laws of Maliki jurisprudence in Islam. Recent research suggest that Napoleon, influenced by his exposure to Islamic jurisprudence during his Egyptian campaign, drew from Maliki legal texts—especially in areas like neighborhood rights, property, and contracts. Exploring these parallels not only highlights the cross-cultural flow of legal ideas but also reveals how Islamic law helped shape the foundations of Western civil law. Let us first discuss how Napolean is connected to the Maliki Jurisprudence.
In the book ‘Bonaparte et l’islam d’après les documents franccais & arabes’ (1914) written by Christian Cherfills, in between page 105 and 125, one can easily spot the fact that Napolean, when he visited Egypt, made a report in which he considered the most important doctrine of Christianity i.e the trinity as ‘idolatry’. He further went to praise prophet Muhammad (PBUH) as well as the prophet’s companions. He also discusses about the Umayyads and the Abbasids. This showcases Napolean’s knowledge regarding islamic history. Napolean also declares that he would soon form a regime where he would rule in accordance to the Quran.
India’s first education minister, Abul Kalam Azad, who was also a historian, in his book ‘Jami-ush-shawahid’ (1960) also endorced this in page 91. He states that after the conquest of Egypt, Napolean and his top officers converted to Islam while the French army remained Christian. Napolean and his officers used to attend the Friday prayers. Azad indicates that French soldiers by the permission of the Maliki scholars of Al-Azhar university, used to enter mosques to meet Napolean or the high ranking officers.
Historian Andrew Roberts also endorsed Napolean’s conversion to Islam in his book ‘Napoleon : a life’ (2014). In page 174, He wrote that Napolean’s conversion was not based on his interest in Islam but rather Napolean wanted to blend into the Muslim society of Egypt since it’s wiser to gain support for the locals.
But this conversion is very questionable. The French diplomat and the secretary of Napolean – Loius Antinoe Fauvelet De Bourrienne writes in his ‘Memoirs of Napolean Bonaparte’ that Napolean’s conversion to Islam is not true – “It has been alleged that Bonaparte, when in Egypt, took part in the religious ceremonies and worship of the Mussulmans; but it cannot be said that he celebrated the festivals of the overflowing of the Nile and the anniversary of the Prophet. The Turks invited him to these merely as a spectator; and the presence of their new master was gratifying to the people.” (Here Bourrienne is referring to the painting of 1798 by Goupil where Napolean is depicted to be spectating the celebrations of the birth of Prophet Muhammad PBUH).
“Doubtless Bonaparte did, as he was bound to do, show respect for the religion of the country; and he found it necessary to act more like a Mussulman than a Catholic. A wise conqueror supports his triumphs by protecting and even elevating the religion of the conquered people. Bonaparte’s principle was, as he himself has often told me, to look upon religions as the work of men, but to respect them everywhere as a powerful engine of government. However, I will not go so far as to say that he would not have changed his religion had the conquest of the East been the price of that change. All that he said about Mahomet, Islam, and the Koran to the great men of the country he laughed at himself.”
“I confess that Bonaparte frequently conversed with the chiefs of the Mussulman religion on the subject of his conversion; but only for the sake of amusement. The priests of the Koran, who would probably have been delighted to convert us, offered us the most ample concession. But these conversations were merely started by way of entertainment, and never could have warranted a supposition of their leading to any serious result.*
Interestingly Bourrienne writes that Napolean used to laugh at himself for speaking great of Prophet Muhammad [PBUH], Islam and Quran. This contradicts Napolean’s statement found in ‘A voice from St. Helena’ by Napolean’s personal physician – Barry Edward O’Meara. O’Meara quotes Napolean’s words – “That I turned Mahometan in Egypt. Now it is not the case. I never followed any of the tenets of that religion. I never prayed in the mosques. I never abstained from wine, or was circumcised, neither did I ever profess it. I said merely that we were the friends of the Mussulmen, and that I respected Mahomet their prophet, which was true; I respect him now.”
This clarifies that Napolean did respect Prophet Muhammad [PBUH] even during his exile in St. Helena. Regarding Bourrienne’s account, his contemporary historians and generals wrote a book named ‘Bourrienne et ses erreurs’ which attacked the authenticity of Bourrienne’s writings. The book showed errors, bias and self interest materials input by Bourrienne. O’Meara’s account is debated as well. The famous Anglo-Irish historian – John Wilson Croker, who was the contemporary of O’Meara, wrote in Quarterly reviews on February of 1823, which proved that O’Meara has inconsistencies between his accounts. According to John, O’Meara was undoubtedly partisan and also included things of his own interest in the name of Napolean. Since both these accounts of O’Meara and Bourrienne are doubted, it won’t be surprising if they lied regarding Napolean’s conversion to Maliki Islam for their own interest.
Regarding Napolean’s conversion to Islam, the official French newspaper ‘Le Moniteur’ reported in 1798 that Napolean had converted to Islam and that his new name was ‘Ali Napolean Bonaparte’. ¹ Napolean wanted to prove that he was fighting for Islam and his speeches were translated to Arabic for the people you understand. ² Nonetheless, it’s a matter of dispute if Napolean was a Maliki muslim or not, but we are certain that Napolean was attracted to Maliki laws. French polymath – Gustave Le Bon in his book ‘La civilisation des arabes’ (1884) writes that when the French forces returned, Napolean brought along with him Al-Dardir’s Commentary on the Mukhtasar of Khalil, which is a book of Maliki jurisprudence. This particular book is said to have shaped the Napoleonic code.
Syed Abdullah Ali Hussein, a scholar from Al-Azhar university and a law passout from France, wrote a book in which he extensively discussed how the Napoleanic code was taken from Maliki jurisprudence. ³ Malaysian journal of syariah and law, Vol. 13 No. 1 (2025) also has a thesis titled ‘The influence of Maliki jurisprudence on the French civil law in terms of the opposability of the relative effect of contract to third parties: a comparative study’ which briefly discusses about the similarities between Napoleonic code and the Maliki Jurisprudence. Journal of Islamic Research volume 34 issue 1 (2023), in between page 1 and 19, a thesis titled “Aḥkâm al-jiwâr’s Influence on Ottoman Mecelle and Napoleon’s Civil Code”. It briefly compares the neighbourhood rulings and rights prescribed by Sharia law and how Napoleanic code has adopted them. Qatar university’s Journal of College of Sharia and Islamic Studies Vol. 42 No. 2 (2024), has a thesis titled ‘The Maliki School of Law in Andalusia and Its Impact on the Development of European Legal Systems’ in which Napoleanic code is also discussed.
References :
1. Satanic Voices Ancient and Modern (1992), by David Musa Pidcock, page 54
2. Napoleon in Egypt : Al-Jabarti’s chronicle of the French occupation, 1798, page 170
3. A’lam wa Aqzam fi Mizan al-Islam (2004), by Sayyid Husayn al-‘Affani, volume 1 page 410
About the Author: Muhammad Talha Amin Baruah is a historian from Assam and the author of The Shamli Uprising. He has contributed several articles to newspapers and online magazines. He can be reached at talhaamin799@gmail.com.