The law of the Near & Middle East : readings, cases, & materials /
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| Format: | Book |
| Language: | English |
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Albany :
State University of New York Press,
1975.
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Table of Contents:
- Preface
- PART ONE: THE HISTORICAL DEVELOPMENT OF THE LAW IN MUSLIM COUNTRIES OF THE NEAR AND MIDDLE EAST
- Chapter 1. Basic characteristics of Islamic law
- A. Islamic law as religious law
- B. Personality of the law
- Chapter 2. Historical development & sources of Islamic law
- A. The classical theory of Islamic law
- B. the development of the classical schools of jurisprudence
- C. The actual historical development
- D. The closing of the gate of personal reasoning
- E. The problem of foreign influences on early Islamic law
- F. The concept of jurists' law
- G. Further development of the law
- H. Heterodox schools of law
- Chapter 3. Legal reforms in the nineteenth century
- A. The beginning of legal reform in the Ottoman Empire
- B. Legal reform and the reception of continental European codes
- C. The specific reforms in the Ottoman Empire
- D. The reforms in Egypt before World War I
- Chapter 4. Legal reforms since the end of World War I
- A. Legal reform in Turkey
- B. Developments in the Arab countries
- C. Legal reforms in Iran
- D. Legal reforms in Afghanistan
- Chapter 5. Anglo-Muhammadan law
- PART TWO: SYSTEMATIC SURVEY OF SELECTED PRINCIPLES OF CLASSICAL ISLAMIC LAW AND PRESENT-DAY NEAR AND MIDDLE EASTERN LAW
- Chapter 6. The law of marriage and divorce
- A. Classical Islamic law
- B. Present-day Islamic countries
- Chapter 7. The law of inheritance
- A. Classical Islamic law
- B. Present-day Islamic countries
- Chapter 8. Contracts and torts
- A. Contracts
- B. Joint ownership and preemption
- C. Torts
- Chapter 9. Property and Waqf
- Chapter 10. Penal law
- A. Offenses in general
- B. Offenses to which Hadd punishment applies
- C. Discretionary punishment (Ta'zir)
- D. Talion (retaliation) and blood money
- E. Present-day penal law
- Chapter 11. Procedure before the Westernization of the law
- A. The Qadi and his office
- B. Plaintiff and defendant
- C. Evidence
- D. The settlement of grievances
- Chapter 12. Procedure in present-day Near Eastern countries
- A. Introductory
- B. The Organization of the courts
- C. Penal procedure
- D. Evidence
- Appendix 1. Suggestions for further reading
- Appendix 2. Glossary
- Appendix 3. Chronology
- Appendix 4. List of authors and documents quoted
- Index.