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It is not possible to understand fully the modern Egyptian legal system and law withoiut a knowledge of the mixed courts of Egypt. This book provides essential material for understanding this system and shows the development of Egyptian law from its modern origins in 1875, through the social and economic changes of the First World War, the 1930s expansion, the Second World War and the pre-revolutionary monarchy. It concludes with an assessment of the influence of the Mixed Courts on the modern system. This thoroughly researched work will appeal to both the academic and practitioner involved in Middle East Law on a regular basis.
Law and identification transgressed political boundaries in the nineteenth-century Levant. Over the course of the century, Italo-Levantines- elite and common- exercised a strategy of resilient hybridity whereby an unintentional form of legal imperialism took root in Egypt. This book contributes to a vibrant strand of global legal history that places law and other social structures at the heart of competing imperial projects- British, Ottoman, Egyptian, and Italian among them. Analysis of the Italian consular and mixed court cases, and diplomatic records, in Egypt and Istanbul reveals the complexity of shifting identifications and judicial reform in two parts of the interactive and competitive plural legal regime. The rich court records show that binary relational categories fail to capture the complexity of the daily lives of the residents and courts of the late Ottoman empire. Over time and acting in their own self-interests, these actors exploited the plural legal regime. Case studies in both Egypt and Istanbul explore how identification developed as a legal form of property itself. Whereas the classical literature emphasized external state power politics, this book builds upon new work in the field that shows the interaction of external and internal power struggles throughout the region led to assorted forms of confrontation, collaboration, and negotiation in the region. It will be of interest to students, scholars, and readers of Middle East, Ottoman, and Mediterranean history. It will also appeal to anyone wanting to know more about cultural history in the nineteenth century, and the historical roots of contemporary global debates on law, migration, and identities.
Egyptian law is the main representative of the Arab civil-law family and its influence largely extends beyond its national borders. Foreign elements have mixed with Egyptian legacies to build up a new and original legal system. Egypt and its Laws is the first book in a Western language to present in a comprehensive, systematic and concise way comtemporary Egyptian law, case law and judicial organization. Egyptian law professionals - law faculty professor, high rank magistrates, attorneys have contributed to this project by outlining each branch of law or judicial order in a synthetic way. This includes: constitutional law, administrative law, civil law, personal status law, criminal law, commercial law, company law, tax law, labor and social law, land law, press law, procedural law, commercial arbitration, public and private international law as well as civil, criminal, administrative and constitutional adjudication. These contributions are preceded by a substantial introduction and followed by an English-Arabic glossary, an index, and tables of cited laws and cases.
Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.
Women; legal status, laws, etc.; Egypt.
A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.
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.
The first economic history of ancient Egypt employing a New Institutional Economics approach and covering the entire pharaonic period, 3000-30 BCE.
Why do authoritarian regimes survive? How do dictators fail? What role do political institutions play in these two processes? Many of the answers to these questions can be traced to the same source: the interaction between institutions and preferences. Using Egypt as a case study, Professor Mahmoud Hamad describes how the synergy between judges and generals created the environment for the present government and a delicate balance for its survival. The history of modern Egypt is one of the struggle between authoritarian governments, and forces that advocate for more democratic rights. While the military has provided dictatorial leaders, the judiciary provides judges who have the power to either support or stymie authoritarian power. Judges and Generals in the Making of Modern Egypt provides a historically grounded explanation for the rise and demise of authoritarianism, and is one of the first studies of Egypt's judicial institutions within a single analytical framework.
In this meticulously researched volume, Leonard Wood presents his ground breaking history of Islamic revivalist thought in Islamic law. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1879-1952 brings to life the tumultuous history of colonial interventions in Islamic legal consciousness during the nineteenth and early twentieth centuries. It tells the story of the rapid displacement of local Egyptian and Islamic law by transplanted European codes and details the evolution of resultant movements to revive Islamic law. Islamic legal revivalist movements strove to develop a modern version of Islamic law that could be codified and would replace newly imposed European laws. Wood explains in unparalleled depth and with nuance how cutting-edge trends in European legal scholarship inspired influential revivalists and informed their methods in legal thought. Timely and provocative, Islamic Legal Revival tells of the rich achievements of legal experts in Egypt who disrupted tradition in Islamic jurisprudence and created new approaches to Islamic law that were distinctively responsive to demands of the contemporary world. The story told bears important implications for understandings of Egyptian history, Islamic legal history, comparative law, and deeply contested and highly transformative interactions between European and Islamic thought.