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Introduction to Middle Eastern Law

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. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), 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 (including Islamic banking, company law, capital markets, and commercial arbitration); 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.

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'.

Roman Law in the Modern World: History of Roman law and its descent into English, French, German, Italian, Spanish, and other modern law

6 The Mohammedan jurists Auzay and Shafei , ” the latter one of the four
founders of Islamic legislation , were admittedly ... as borrowers , the framers of
Islamic law always claimed that their conclusions were in harmony with the spirit
of Islam ...

Joseph Schacht's Contribution to the Study of Islamic Law

"Some responses, sometimes severely critical, have been addressed to Schacht's thesis. Some even accuse him of fostering a "misconception" of the position of law in Islam and of paying little attention to the Qur'anic legislation. It is no wonder, they maintain, that Schacht upholds a view which clearly deviates from the common belief of the majority of Muslims." --

"Some responses, sometimes severely critical, have been addressed to Schacht's thesis.

Law and Religion in the Eastern Mediterranean

From Antiquity to Early Islam

How was it possible that Greeks often wrote their laws on the walls of their temples, but - in contrast to other ancient societies - never transformed these written civic laws into a religious law? Did it matter whether laws were inscribed in stone, clay, or on a scroll? And above all, how did written law shape a society in which the majority population was illiterate? This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean. Bringing together a collection of 14 essays from scholars of the Hebrew Bible, Ancient Greece, the Ancient Near East, Qumran, Elephantine, the Nabateans, and the early Arab world, it also approaches these subjects in an all-encompassing manner, looking in detail at the notion of law and religion in the Eastern Mediterranean as a whole in both the geographical as well as the historical space.

This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean.