Islamic Law and Civil Code

The Law of Property in Egypt

By: Richard Debs, Frank Vogel (Foreword by), Ridwan Al-Sayyid (Foreword by)

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Hardcover | 28 July 2010 | Edition Number 1

At a Glance

Hardcover
216 Pages

Age
22+

Dimensions(cm)
21.62 x 14.61 x 1.88

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RRP $142.50

$129.50

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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.

Industry Reviews

(A) fascinating read, and a core addition to community and college library collections focusing on international law. Midwest Book Review This book is a perfect study of the reform of Islamic law in the Muslim world... It will certainly be a useful guide to graduate students and researchers of Islamic law. -- Harun Karcic Symposia Extremely well-written and highly-informative... This is a very welcome addition to the English language Islamic law library. I suspect that those who teach courses on modern Islamic law will quickly place it on their mandatory reading lists. -- Mohammad Fadel Journal of Islamic Studies

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Foreword	p. ix
Foreword	p. xiii
Preface	p. xv
Acknowledgments	p. xvii
Transliterations and Abbreviations	p. xix
Introduction	p. 1
The Classical Islamic Law of Property	p. 7
The Classification of Lands in the Shari'ah	p. 8
'Ushri Lands	p. 9
Kharaji Lands	p. 11
State Lands: The Private Domain	p. 13
Mawat Lands	p. 14
Public Lands and Servitudes	p. 15
Waqfs	p. 16
Land Tenure and Property Rights	p. 17
Private Property: Mulk Land	p. 18
Enjoyment of the Right of Ownership	p. 18
Acquisition and Disposition of the Right of Ownership	p. 20
Waqf Lands	p. 25
Holdings of State-Owned Lands	p. 30
Later Development of the Islamic System of Tenure in Egypt	p. 34
Traditional Islamic Law in the Modern Era	p. 37
The System of Land Tenure Created by Muhammad Ali	p. 38
Kharaji Lands	p. 40
Masmuh Lands	p. 44
Rizqah Lands	p. 45
Ab'adiyah Lands	p. 46
Usiyah Lands	p. 47
The Traditional System of Land Tenure Prior to the Civil Codes	p. 49
State Lands	p. 49
Mulk Lands: Private Property	p. 52
Waqf Lands	p. 53
The Introduction of a Western Civil Code System	p. 56
Ottoman Sovereignty and the Capitulations	p. 57
Tribunals of the Reform: The Mixed Court System	p. 60
Mixed Courts	p. 61
Consular Courts	p. 63
Native Courts	p. 64
Mahkamahs	p. 66
Millah Courts	p. 69
The Civil Codes	p. 69
Property Law Under the First Civil Codes	p. 72
State Lands	p. 73
Kharaji Lands	p. 76
Mawat Lands	p. 76
The Public Domain	p. 77
The Private Domain	p. 79
Waqf Lands	p. 80
Waqf Law in the Civil Courts	p. 80
The Law of Waqf	p. 82
State Administration of Waqfs	p. 84
Private Property	p. 85
The Right of Ownership	p. 86
Ownership and Other Real Rights	p. 86
Enjoyment of the Right of Ownership	p. 87
The Transfer of Ownership Rights	p. 90
Inheritance and Testament	p. 90
Gifts	p. 90
Accession	p. 91
Appropriation	p. 91
Prescription	p. 92
Preemption	p. 93
Agreements and Contracts	p. 94
The Development of a National Legal System	p. 98
Unity of Jurisdiction	p. 99
The Civil Courts	p. 100
The Administrative Courts	p. 102
The Courts of Personal Status	p. 104
Law Reform	p. 106
The Shari'ah Law of Personal Status	p. 107
The Law of Waqf	p. 109
The Civil Law	p. 111
Property Law Under the Civil Code of 1949	p. 116
Rules of Property Law in the Civil Code	p. 118
Private Property	p. 120
The Principal Real Rights	p. 120
The Right of Ownership	p. 122
The Transfer of Ownership Rights	p. 126
Inheritance	p. 127
Testamentary Dispositions	p. 127
Accession	p. 128
Appropriation	p. 128
Prescription	p. 129
Preemption	p. 130
Contract	p. 132
Pledge and Mortgage	p. 135
State Lands	p. 136
Waqfs	p. 137
Developments Under the Revolutionary Government	p. 140
Notes	p. 145
Appendix	p. 161
Bibliography	p. 163
Index	p. 181
Table of Contents provided by Ingram. All Rights Reserved.

Islamic Law and Civil Code

The Law of Property in Egypt

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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