Introduction to Middle Eastern Law
Mallat, Chibli,
Professor of Middle Eastern Law and Politics, University of Utah, EU Jean Monnet Professor of Law, Université Saint-Joseph, Beirut, and Visiting Professor, Princeton University
Print publication date: 2007
Published to Oxford Scholarship Online: January 2009 Print ISBN-13: 978-0-19-923049-5 doi:10.1093/acprof:oso/9780199230495.001.0001 |
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Abstract:
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called ‘Middle Eastern law’. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age, through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, and dwelling on Islamic law as the ‘common law’ of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law, and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Keywords: Middle Eastern law, Islamic law, shari'a, fiqh, ganun Table of Contents
Preface
1.
Introduction: The Autonomy of Middle Eastern Law
2.
The Formation of Middle Eastern Law
3.
The Contemporary Middle East: A Historical Primer
4.
Constitutional Law: The Specificity of Middle Eastern Constitutionalism
5.
Constitutional Review: The Spread of Constitutional Councils and Courts
6.
Judicial Review: Criminal and Administrative Law
7.
Introduction: From the Age of Codification to the Age of Case-Law
8.
Civil Law: Style and Substance
9.
Commercial Law: Globalization and Tradition
10.
Family Law: The Search for Equality
11.
Epilogue: Justice and Lawyering in the Middle East
Bibliography
Index
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