2011 Fiscal Year Final Research Report
A historical study of the civil law system in the Arab countries
| Project/Area Number |
20530013
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | J. F. Oberlin University |
|---|
Principal Investigator |
HORII Satoe 桜美林大学, 人文学系, 講師 (20376833)
|
|---|
| Project Period (FY) |
2008 – 2011
|
| Keywords | イスラーム法 / オスマン法 / 近代法 / 民法 / 植民地法制 / アラブ諸国 / 法の近代化 / マジャッラ(オスマン民法典) |
|---|
| Research Abstract |
This research investigated the influence of Islamic law upon the civil codes of the Arab successor states of the Ottoman Empire (1299-1922), making a comparison between Egypt which, in her de fact political and legal independency from the Ottomans, led the way of modernization of laws in the Arab world, on the one hand, and the other states which were left under the influence of Ottoman laws, on the other.It turns out that both groups of the codes bear little relation to Islamic law and that even an institution apparently derived from Islamic law should be regarded, due to itsdivergence from the Islamic origin subject to the legislative purposes of the code in question, as an essentially new creation.
|
