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    • July 2010
    • 9780231150446
  • 216 Pages

  • Hardcover
  • $65.00
  • / £45.00

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    • July 2010
    • 9780231520997
  • 216 Pages

  • E-book
  • $64.99
  • / £45.00

Islamic Law and Civil Code

The Law of Property in Egypt

Richard A. Debs; Forewords by Frank E. Vogel and Ridwan Al-Sayyid

Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems.

Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

About the Author

Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.

Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.

Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.

"(A) fascinating read, and a core addition to community and college library collections focusing on international law. " — Midwest Book Review

"This book is a perfect study of the reform of Islamic law in the Muslim world.... It will certainly be a useful guide to graduate students and researchers of Islamic law." — Harun Kar?i?, Symposia

"Extremely well-written and highly-informative.... This is a very welcome addition to the English language Islamic law library. I suspect that those who teach courses on modern Islamic law will quickly place it on their mandatory reading lists." — Mohammad Fadel, Journal of Islamic Studies

"Islamic Law and Civil Code is an extraordinary book by a remarkable man. It is a welcome event for those studying or working in fields requiring an understanding of Islamic and Middle Eastern law relating to landed property. For those doing business in current-day Egypt, Arab societies, and Muslim countries, and for scholars working on social, economic, and cultural issues rooted in the Islamic sphere, this work is indispensable. Richard A. Debs combines the theoretical with the evolving, practical aspects of a field of law that has been too little studied for its impact on the Egyptian economy and society. He has produced a book of inestimable and lasting value." — Vartan Gregorian, president, Carnegie Corporation of New York

"This is more than simply a historical exposition of the law of property in Egypt, a great achievement in itself: it is also a remarkably clear and jargon-free analytical exposition of how Islamic law and civil law have operated together in the Egyptian context and by extension in much of the Muslim world. It is a rare work on Islamic law by a trained lawyer, even rarer in being easily accessible to the non-specialist. The book deserves to be consulted by readers across a broad spectrum, from legal experts to scholars of classical Islam and the modern Middle East." — Rashid Khalidi, Edward Said Professor of Arab Studies, Columbia University

"Richard A. Debs has produced a thoughtful and well-researched history of Egyptian property law. I recommend the book to serious historians and all those interested in understanding the role that Islamic religious principles have played in the evolution of the legal treatment of property in Egypt." — Samuel Hayes, Harvard Business School

About the Author

Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.

Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.

Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.

Foreword by Frank Vogel
Foreword by Ridwan Al-Sayyid
Preface
Acknowledgments
Introduction
Transliterations and Abbreviations
1. The Classical Islamic Law of Property
The Classification of Lands in the Shari?ah
?Ushri Lands
Kharaji Lands
State Lands: The Private Domain
Mawat Lands
Public Lands and Servitudes
Waqfs
Land Tenure and Property Rights
Private Property: Mulk Land
Enjoyment of the Right of Ownership
Acquisition and Disposition of the Right of Ownership
Waqf Lands
Holdings of State-Owned Lands
Later Development of the Islamic System of Tenure in Egypt
2. Traditional Islamic Law in the Modern Era
The System of Land Tenure Created by Muhammad Ali
Kharaji Lands
Masmuh Lands
Rizqah Lands
Ab?adiyah Lands
Usiyah Lands
The Traditional System of Land Tenure Prior to the Civil Codes
State Lands
Mulk Lands: Private Property
Waqf Lands
3. The Introduction of a Western Civil Code System
Ottoman Sovereignty and the Capitulations
Tribunals of the Reform: The Mixed Court System
Mixed Courts
Consular Courts
Native Courts
Mahkamahs
Millah Courts
The Civil Codes
4. Property Law Under the First Civil Codes
State Lands
Kharaji Lands
Mawat Lands
The Public Domain
The Private Domain
Waqf Lands
Waqf Law in the Civil Courts
The Law of Waqf
State Administration of Waqfs
Private Property
The Right of Ownership
Ownership and Other Real Rights
Enjoyment of the Right of Ownership
The Transfer of Ownership Rights
Inheritance and Testament
Gifts
Accession
Appropriation
Prescription
Preemption
Agreements and Contracts
5. The Development of a National Legal System
Unity of Jurisdiction
The Civil Courts
The Administrative Courts
The Courts of Personal Status
Law Reform
The Shari?ah Law of Personal Status
The Law of Waqf
The Civil Law
6. Property Law Under the Civil Code of 1949
Rules of Property Law in the Civil Code
Private Property
The Principal Real Rights
The Right of Ownership
The Transfer of Ownership Rights
Inheritance
Testamentary Dispositions
Accession
Appropriation
Prescription
Preemption
Contract
Pledge and Mortgage
State Lands
Waqfs
Developments Under the Revolutionary Government
Notes
Appendix
Bibliography
Index

About the Author

Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.

Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.

Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.

About the Author

Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.

Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.

Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.

About the Author

Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.

Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.

Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.

About the Author

Richard A. Debs is an advisory director of Morgan Stanley, having been president of Morgan Stanley International and previously a Federal Reserve official. He is chairman emeritus of the American University of Beirut and a trustee of the Institute of International Education, the Carnegie Endowment for International Peace, the Federation of Protestant Welfare Agencies, the Barenboim-Said Foundation, and Carnegie Hall. He is also cochair of the Advisory Board of Columbia University's Middle East Institute and has been decorated by the governments of Saudi Arabia and Lebanon.

Frank E. Vogel is is the founding director of the Islamic Legal Studies Program at the Harvard Law School where he taught for twenty years. He is the author of Islamic Law and Legal System: Studies of Saudi Arabia and Islamic Law and Finance: Religion, Risk, and Return.

Ridwan Al-Sayyid has been a visiting professor at Harvard University and the University of Chicago and was the director of the Higher Institute for Islamic Studies in Beirut, as well as the director of the Arab Development Institute.