Cover image for Islamic Law and Civil Code : The Law of Property in Egypt.
Islamic Law and Civil Code : The Law of Property in Egypt.
Title:
Islamic Law and Civil Code : The Law of Property in Egypt.
Author:
Debs, Richard A.
ISBN:
9780231520997
Personal Author:
Physical Description:
1 online resource (171 pages)
Contents:
Cover -- Half title -- Title -- Copyright -- Contents -- Foreword by Frank E. Vogel -- Foreword by Ridwan Al-Sayyid -- Preface -- Acknowledgments -- Transliterations and Abbreviations -- Introduction -- 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: Transliterations of Arabic and Turkish Terms -- Bibliography -- Index.
Abstract:
Richard A. Debs follows the modern development of law in Egypt, a predominantly Islamic society in which the West has defined the terms of progress in the modern era. Debs focuses specifically on Egypt and its modern legal institutions, which draw upon society's own vigorous legal traditions as it forms its modern law. Yet Debs 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. Egypt's traditional law is the Shari'ah, the fundamental law of all Islamic societies, and through his analysis of Egypt's law of property, he shows how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that have flourished under the rule of law.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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