Studies in Modern Islamic Law and Jurisprudence /
:
This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.
:
1 online resource. :
Includes bibliographical references and index. :
9789004480704
9789041116604
State Law as Islamic Law in Modern Egypt : The Incorporation of the Sharīʿa into Egyptian Constitutional Law /
:
This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt's constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa-one that permits the Court to argue that sharī'a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court's theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.
:
1 online resource. :
Includes bibliographical references and index. :
9789047404729
9789004135949