Civil Law: Style and Substance
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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