Islamic Law and Civil Code: The Law of Property in Egypt

In Japan, at the beginning of the Meiji Era, European legal systems—especially the civil law of Germany and France—were the primary models for the judicial and legal systems. In addition, it formed the basis of the law of the Republic of China , which remains in force in Taiwan.

Furthermore, Korea, Taiwan, and Manchuria, former Japanese colonies, have been strongly influenced by the Japanese legal system. Some authors consider civil law the foundation for socialist law used in communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideals.

Even if this is so, civil law was generally the legal system in place before the rise of socialist law, and some Eastern European countries reverted to the pre-socialist civil law following the fall of socialism, while others continued using a socialist legal systems. Several civil-law mechanisms seem to have been borrowed from medieval Islamic Sharia and fiqh.

For example, the Islamic hawala hundi underlies the avallo of Italian law and the aval of French and Spanish law. The table below contains essential disparities and in some cases similarities between the world's four major legal systems. Civil law is primarily contrasted with common law , which is the legal system developed first in England, and later among English-speaking peoples of the world.

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Despite their differences, the two systems are quite similar from a historical point of view. Both evolved in much the same way, though at different paces. The Roman law underlying civil law developed mainly from customary law that was refined with case law and legislation. Canon law further refined court procedure. Similarly, English law developed from Anglo-Saxon customary law, Danelaw and Norman law , further refined by case law and legislation.

Codification , however, is by no means a defining characteristic of a civil law system. For example, the statutes that govern the civil law systems of Sweden and other Nordic countries and the Roman-Dutch countries are not grouped into larger, expansive codes like those in French and German law. The term civil law comes from English legal scholarship and is used in English-speaking countries to lump together all legal systems of the jus commune tradition.

Civil law (legal system)

However, legal comparativists and economists promoting the legal origins theory [ who? Napoleonic to Germanistic influence: The Italian civil code of replaced the original one of , introducing germanistic elements due to the geopolitical alliances of the time. Most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes.

Germanistic to Napoleonic influence: The Swiss civil code is considered mainly influenced by the German civil code and partly influenced by the French civil code. Some systems of civil law do not fit neatly into this typology, however. Polish law developed as a mixture of French and German civil law in the 19th century.

Similarly, Dutch law , while originally codified in the Napoleonic tradition, has been heavily altered under influence from the Dutch native tradition of Roman-Dutch law still in effect in its former colonies. Scotland 's civil law tradition borrowed heavily from Roman-Dutch law. Swiss law is categorized as Germanistic, but it has been heavily influenced by the Napoleonic tradition, with some indigenous elements added in as well.

Louisiana private law is primarily a Napoleonic system. Louisiana is the only U. Current Louisiana law has converged considerably with American law, especially in its public law , judicial system, and adoption of the Uniform Commercial Code except for Article 2 and certain legal devices of American common law.

By contrast, Quebec private law has innovated mainly from civil sources.

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To a lesser extent, other states formerly part of the Spanish Empire, such as Texas and California, have also retained aspects of Spanish civil law into their legal system, for example community property. The legal system of Puerto Rico exhibits similarities to that of Louisiana: Because Puerto Rico 's Civil Code is based on the Spanish Civil Code of , available jurisprudence has tended to rely on common law innovations due to the code's age and in many cases, obsolete nature.

Several Islamic countries have civil law systems that contain elements of Islamic law.

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Japanese Civil Code was considered as a mixture of roughly 60 percent of the German civil code and roughly 30 percent of the French civil code and 8 percent of Japanese customary law and 2 percent of the English law. From Wikipedia, the free encyclopedia. This article is about a type of system of law, contrasting with common law.

For non-criminal law in a common-law system, see Civil law common law. Christians of other denominations who wish to marry a Coptic Christian must first convert to Coptic Christianity 4. Women have to go through court to obtain a divorce from their husband 4.

Coptic Christianity does not permit divorce. The marital home is viewed as the exclusive property of the husband both in marriage and divorce 4. At the end of this custody period, the divorced mother is no longer eligible to receive alimony, accommodation or other maintenance. She must leave the house provided by her husband, as soon as the custody period ends 4. Civil capacity - In accordance with the provisions of the Civil Code and related laws, all Egyptians, male and female alike, enjoy civil rights in conformity with the legally established provisions relating to capacity.

There is no discrimination and there are no restrictions that apply to women and not to men The Law requires any employer of more than women to set up or share the cost of providing a nursery, and in article it provides penalties for any infringement of the provisions regarding the employment of women Women have the right of recourse to the law in all its forms and at all levels, the right to act as a witness in court and the right to benefit from the relevant court and legal assistance systems The financial responsibilities of each remain separate.

Egyptian law requires a foreign spouse who engages in trade to declare the financial arrangements of his or her marriage A wife is penalized for two years, whereas a husband is penalized for no more than six months. Personal Status Laws, Law no. Significantly, regardless of familial relationship, non-Muslims cannot inherit from Muslims.

This restriction applies, for example, to Christian widows of Muslim men 4. First, there are predetermined percentage shares for pre-selected beneficiaries while at the same time allowing some flexibility through bequests and legitimate estate planning. Third, the scheme of mandatory fixed shares is remarkably inclusive and provides access to property to a range of family members.

Islamic Law and Civil Code. 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.

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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.