Islamic Law and Civil Code

Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems.

Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Auteur

Richard A. Debs. Forewords by Frank E. Vogel and Ridwan Al-Sayyid

Contenu

Foreword by Frank Vogel
Foreword by Ridwan Al-Sayyid
Preface
Acknowledgments
Introduction
Transliterations and Abbreviations

1. The Classical Islamic Law of Property
   The Classification of Lands in the Shari?ah
   ?Ushri Lands
   Kharaji Lands
   State Lands: The Private Domain
   Mawat Lands
   Public Lands and Servitudes
   Waqfs
   Land Tenure and Property Rights
   Private Property: Mulk Land
   Enjoyment of the Right of Ownership
   Acquisition and Disposition of the Right of Ownership
   Waqf Lands
   Holdings of State-Owned Lands
   Later Development of the Islamic System of Tenure in Egypt
2. Traditional Islamic Law in the Modern Era
   The System of Land Tenure Created by Muhammad Ali
   Kharaji Lands
   Masmuh Lands
   Rizqah Lands
   Ab?adiyah Lands
   Usiyah Lands
   The Traditional System of Land Tenure Prior to the Civil Codes
   State Lands
   Mulk Lands: Private Property
   Waqf Lands
3. The Introduction of a Western Civil Code System
   Ottoman Sovereignty and the Capitulations
   Tribunals of the Reform: The Mixed Court System
   Mixed Courts
   Consular Courts
   Native Courts
   Mahkamahs
   Millah Courts
   The Civil Codes
4. Property Law Under the First Civil Codes
   State Lands
   Kharaji Lands
   Mawat Lands
   The Public Domain
   The Private Domain
   Waqf Lands
   Waqf Law in the Civil Courts
   The Law of Waqf
   State Administration of Waqfs
   Private Property
   The Right of Ownership
   Ownership and Other Real Rights
   Enjoyment of the Right of Ownership
   The Transfer of Ownership Rights
   Inheritance and Testament
   Gifts
   Accession
   Appropriation
   Prescription
   Preemption
   Agreements and Contracts
5. The Development of a National Legal System
   Unity of Jurisdiction
   The Civil Courts
   The Administrative Courts
   The Courts of Personal Status
   Law Reform
   The Shari?ah Law of Personal Status
   The Law of Waqf
   The Civil Law
6. Property Law Under the Civil Code of 1949
   Rules of Property Law in the Civil Code
   Private Property
   The Principal Real Rights
   The Right of Ownership
   The Transfer of Ownership Rights
   Inheritance
   Testamentary Dispositions
   Accession
   Appropriation
   Prescription
   Preemption
   Contract
   Pledge and Mortgage
   State Lands
   Waqfs
   Developments Under the Revolutionary Government
   Notes
   Appendix
   Bibliography
   Index