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Introduction to Middle Eastern Law$
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Chibli Mallat

Print publication date: 2007

Print ISBN-13: 9780199230495

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199230495.001.0001

Civil Law: Style and Substance

Chapter:
(p. 244 ) 8 Civil Law: Style and Substance
Source:
Introduction to Middle Eastern Law
Author(s):

Chibli Mallat

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199230495.003.0008

This chapter discusses civil law, which is understood as the law of obligations and torts. The chapter follows through the two basic model codes which are represented by the Ottoman Majalla and the Egyptian Civil Code, and which have dominated the law of daily transactions from the late 19th century to date. These legal ‘monuments’ made a formal break with a tradition of Islamic law that did not know any serious codification. The chapter considers whether the break was only formal, as it attempts to frame in legal terms the challenge offered to this codification by those who present local codes as alien to the substance of a deep-rooted tradition.

Keywords:   Ottoman Majalla, Egypt, civil code, calques, Sanhuri codes, contracts, torts, case-law, codification

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