Date of Award

8-2010

Thesis Type

PhD

Document Type

Thesis

Divisions

Faculty of Law

Institution

Universiti Malaya

Abstract

This study aims to examine the development of the Arab society and the changes that shaped it in the era of modernity. A special focus, however, is given to Sanhūrī’s Codes for Arab civil laws in the middle of the Twentieth Century. The type of methodology adopted for this research is historical and analytical. It follows a historical method to explore the situation of Islamic law in the Arab countries before the enactment of Sanhūrī’s Codes, with special reference to attempts that have been made to codify the law from the early Islamic age until the time of Sanhūrī and to follow the progress of his project during its revision, performance, and demonstration of its outstanding features by Sanhūrī himself. The study also hinges upon the descriptive-analytical and critical methods to describe and critically analyze Sanhūrī’s Codes for Arab civil laws throughout the various phases it had undergone, to finally come up with a reasonable and justifiable evaluation of Sanhūrī as both a legal professional and architect of several Arab civil codes. The research concludes with some important findings. The most significant is that the works of Sanhūrī were not fully identical. The Iraqi Civil Code became one prototype, the Egyptian Code another. Other Codes distributed between the two models. The proposed revision of the Egyptian Civil Code was a different problem in that the Code was not a version of codified Islamic law, as in Iraq, but in many parts was a direct translation of French Law. It means perceiving a particular environment and circumstance, Sanhūrī felt that a country (Iraq) applying the Majallah cannot receive the same treatment as a country with a Western inspired Civil Code (Egypt). The Iraqi Civil Code is distinguished from its Egyptian counterpart in that it contains a number of provisions of the Majallah that was under revision and due to be replaced. However, it is evident that Sanhūrī extracted laws from more than twenty Western Codes along with the rules and general theories he had taken from the Islamic law.

Initial

khm

Additional Information

Thesis (PhD) - Faculty of Law, Universiti Malaya, 2010.

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