The Sanh*urī Code, and the Emergence of Modern Arab Civil Law (1932 to 1949)Dr. 'Abd al-Razz?q al-Sanh?r? (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanh?r?'s chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation. |
Contents
Introduction Law History and Society | 1 |
Chapter One Law as Remedy | 21 |
Chapter Two The Structural Engineering of the Code The Gate to the Concealed | 59 |
Chapter Three The Social Function of Property Law | 99 |
Chapter Four Contract Law as IdeologyThe Emergence of Contractual Justice | 147 |
Chapter Five The Dominion of Progress | 211 |
Other editions - View all
The Sanhuri Code, and the Emergence of Modern Arab Civil Law (1932 to 1949) Guy Bechor Limited preview - 2007 |
Common terms and phrases
accordance Accordingly adopted Al-Qānūn al-Madanī Al-QÊnÖn al-MadanÒ Al-Wasīt Al-WasÒ amended ammad approach Arab argued Cairo Caliphate Civil Code Committee civil law Code Civil Code established code proposal Code sought constituted context contract law created creditor custom damage debtor Diary doctrine drafting economic Egypt Egyptian Civil Code Egyptian Code Egyptian law Egyptian society element equity example explanatory notes fiqh flexible floor French law goal Hanafi hikr Ibid included individual institution interests interpretation Islamic law Islamic Shari'a joint ownership judge judicial discretion jurists justice land landowners Legal Pluralism legal system legislation legitimacy madhhab Majalla Mixed Courts modern morality Muḥammad murÖna Muslim Napoleonic Code neighbor norms obligation owner parliament party perceived person political present principle property right proposed Code provisions public order reform relations religious restricted rules SanhÖrÒ Sanhūrī SharÒ{a shuf'a social function social solidarity sociological takhayyur tion University Press volume waqf Ziadeh