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God in the courtroom [electronic resource] : the transformation of courtroom oath and perjury between Islamic and Franco-Egyptian law / by Guy Bechor.

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Format:
Book
Author/Creator:
Bechor, Guy.
Series:
Studies in Islamic law and society ; v. 34.
Studies in Islamic law and society, 1384-1130 ; v. 34
Language:
English
Subjects (All):
Oaths--Egypt.
Oaths.
Oaths (Islamic law)--Egypt.
Oaths (Islamic law).
Law--Egypt--French influences.
Law.
Law--Egypt--Islamic infuences.
Physical Description:
1 online resource (428 p.)
Edition:
1st ed.
Place of Publication:
Boston : Brill, 2012.
Language Note:
English
Summary:
This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture. Until now, academic research has paid little attention to the subject of the courtroom oath in the Islamic or Egyptian legal systems. As such, it might appear as if modern legislation in the Arab world on this subject forms the natural continuation of Islamic law, or that there are no significant differences between these two legal approaches. This unique study seeks to rectify this impression by examining the institution of the courtroom oath on the basis of three criteria: Islamic law, which discusses the oath in the context of the judicial proceeding, including debate between different schools and interpreters; the sources and approach of Arab law on this subject; and, lastly, the core of this book - a detailed legal comparison between the Islamic oath and the Arab oath. In itself, this is a study in legal history examining the origins, character, sources,and doctrines of the oath in Arab law and at the same time, it is a comparative study of Islamic and contemporary Arab law in this field.
Contents:
Preliminary Material
Introduction
The Courtroom Oath in Islamic Law, Theory and Practice
Sui Generis, The Legal History of Courtroom Oath
The Egyptian Courtroom Oath and its Function
Comparative Law—Two Oaths, Two Legal Regimes
Perjury as Ideology: The Motif of Falsehood in the Islamic and Franco-Egyptian Oaths
Bibliography
Index.
Notes:
Description based upon print version of record.
Includes bibliographical references and index.
ISBN:
1-283-39587-8
9786613395870
90-04-21751-7
OCLC:
769927278
Publisher Number:
10.1163/9789004217515 DOI

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