Comparative Law and the Islamic (Middle Eastern) Legal Culture



Mallatt, Chibli (2019) Comparative Law and the Islamic (Middle Eastern) Legal Culture. In: The Oxford Handbook of Comparative Law. Oxford University Press, pp. 623-651. ISBN 978-0-19-881023-0

Abstract

This article examines comparative law in Islamic/Middle Eastern legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section describes the rule of law in the prism of the legal profession. The third section discusses the notions of public and private in issues such as constitutions, contracts, and torts, and family law. A millennium and a half after the Islamic revelation, unrest and violence associated with the Islamic/Middle Eastern world make one wonder, from a comparative perspective, whether West and East are not on a collision course precisely because of their diametrically opposed concepts of law. On the Western side, law is associated with nation-states and their territory; on the Islamic/Middle Eastern side, law is dominated by the personal dimension, defined by an individual’s religious, and often sectarian identity.

Additional indexing

Subjects: K Law > K Law (General)
Communities : Qawami > Anr Elips
Language: English
Depositing User: Qawami Staff
Date Deposited: 10 Feb 2022 11:11
Last Modified: 10 Feb 2022 11:11
Themes: Islamic Government, Law and Politics
Topics: Civil Law, Common Law, Comparative And Foreign Law
Geographic Regions: Asia > Lebanon
URI: https://qora.qawami.org/id/eprint/308

Export Citation

Share

Statistics

View details


TOP