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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.
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 VogelForeword by Ridwan Al-SayyidPrefaceAcknowledgmentsIntroductionTransliterations and Abbreviations1. The Classical Islamic Law of PropertyThe Classification of Lands in the Shari?ah?Ushri LandsKharaji LandsState Lands: The Private DomainMawat LandsPublic Lands and ServitudesWaqfsLand Tenure and Property RightsPrivate Property: Mulk LandEnjoyment of the Right of OwnershipAcquisition and Disposition of the Right of OwnershipWaqf LandsHoldings of State-Owned LandsLater Development of the Islamic System of Tenure in Egypt2. Traditional Islamic Law in the Modern EraThe System of Land Tenure Created by Muhammad AliKharaji LandsMasmuh LandsRizqah LandsAb?adiyah LandsUsiyah LandsThe Traditional System of Land Tenure Prior to the Civil CodesState LandsMulk Lands: Private PropertyWaqf Lands3. The Introduction of a Western Civil Code SystemOttoman Sovereignty and the CapitulationsTribunals of the Reform: The Mixed Court SystemMixed CourtsConsular CourtsNative CourtsMahkamahsMillah CourtsThe Civil Codes4. Property Law Under the First Civil CodesState LandsKharaji LandsMawat LandsThe Public DomainThe Private DomainWaqf LandsWaqf Law in the Civil CourtsThe Law of WaqfState Administration of WaqfsPrivate PropertyThe Right of OwnershipOwnership and Other Real RightsEnjoyment of the Right of OwnershipThe Transfer of Ownership RightsInheritance and TestamentGiftsAccessionAppropriationPrescriptionPreemptionAgreements and Contracts5. The Development of a National Legal SystemUnity of JurisdictionThe Civil CourtsThe Administrative CourtsThe Courts of Personal StatusLaw ReformThe Shari?ah Law of Personal StatusThe Law of WaqfThe Civil Law6. Property Law Under the Civil Code of 1949Rules of Property Law in the Civil CodePrivate PropertyThe Principal Real RightsThe Right of OwnershipThe Transfer of Ownership RightsInheritanceTestamentary DispositionsAccessionAppropriationPrescriptionPreemptionContractPledge and MortgageState LandsWaqfsDevelopments Under the Revolutionary GovernmentNotesAppendixBibliographyIndex
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