Islamic Law and Civil Code
The Law of Property in Egypt
1st Edition
Published on 25. September 2015
216 pages
978-0-231-52099-7 (ISBN)
Description
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.
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.
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Persons
Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.
Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.
Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.
Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.
Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.
Content
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
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
