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The Sanhuri Code, and the emergence of modern Arab civil law (1932 to 1949) / by Guy Bechor.

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Format:
Book
Author/Creator:
Bechor, Guy.
Series:
Studies in Islamic law and society ; v. 29.
Studies in Islamic law and society, 1384-1130 ; v. 29
Language:
English
Subjects (All):
Sanhūrī, ʻAbd al-Razzāq Aḥmad, 1895-1971.
Sanhūrī, ʻAbd al-Razzāq Aḥmad.
Civil law--Egypt--Codification--History--20th century.
Civil law.
Civil law--Social aspects--Egypt.
Property--Social aspects--Egypt.
Property.
Obligations (Law)--Social aspects--Egypt.
Obligations (Law).
Contracts--Social aspects--Egypt.
Contracts.
Physical Description:
1 online resource (357 p.)
Edition:
1st ed.
Place of Publication:
Leiden ; Boston : Brill, 2007.
Language Note:
English
Summary:
Dr. ‘Abd al-Razzāq al-Sanhūrī (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanhūrī’s chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.
Contents:
Law as remedy
The structural engineering of the Code : the gate to the concealed
The social function of property law
Contract law as ideology : the emergence of contractual justice
The dominion of progress
Toward a new modus vivendi : legal flexibility (Muruna) as a social interest
The lesser evil.
Notes:
Description based upon print version of record.
Includes bibliographical references (p. [325]-330) and index.
ISBN:
1-281-92178-5
9786611921781
90-474-2285-6
OCLC:
646789739
Publisher Number:
10.1163/ej.9789004158788.i-341 DOI

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