Law of the Near and Middle East, The

Readings, Cases, and Materials

By Herbert J. Liebesny

Hardcover : 9780873952569, 316 pages, June 1975

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Table of contents


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

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



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.