1.

Record Nr.

UNINA9910782349303321

Autore

Bechor Guy

Titolo

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

Pubbl/distr/stampa

Leiden ; ; Boston, : Brill, 2007

ISBN

1-281-92178-5

9786611921781

90-474-2285-6

Descrizione fisica

1 online resource (357 p.)

Collana

Studies in Islamic law and society, , 1384-1130 ; ; v. 29

Classificazione

86.14

Disciplina

346.62

Soggetti

Civil law - Egypt - Codification - History - 20th century

Civil law - Social aspects - Egypt

Property - Social aspects - Egypt

Obligations (Law) - Social aspects - Egypt

Contracts - Social aspects - Egypt

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references (p. [325]-330) and index.

Nota di contenuto

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 (Murūna) as a social interest -- The lesser evil.

Sommario/riassunto

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.