Introduction to Middle Eastern Law

Paperback | March 14, 2009

byChibli Mallat

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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 andJewish 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 MiddleEastern 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 legalscholars 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. Theauthor 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.

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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 andJewish Near Eastern communities. It offers a...

Chibli Mallat is the EU Jean Monnet Professor of Law at the Universite Saint-Joseph, Beirut, and a Visiting Professor at Princeton University. In addition to his work in European law, he is a leading scholar of Islamic and Middle Eastern law, a legal practitioner, and a Former Director of the Centre of Islamic and Middle Eastern law a...

other books by Chibli Mallat

Format:PaperbackDimensions:500 pagesPublished:March 14, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019956387X

ISBN - 13:9780199563876

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Table of Contents

Preface1. From Islamic to Middle Eastern Law:a Restatement of the FieldI History2. The Formation of Middle Eastern lawII Public Law3. Introduction to the Contemporary Middle East4. Constitutional Law: the Specificity of Middle Eastern Constitutionalism5. Constitutional Review: the Spread of Constitutional Councils and Courts6. Judicial ReviewIII Private Law7. Introduction to the Age of Codification8. Civil law: on Style and Substance9. Commercial Law: Modernity and its Hiccups10. Family Law: the Search for Gender Equality11. Epilogue: Justice and Lawyering in the Middle EastBibliographyTables of Cases, legislation, Verses and Hadiths