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Al-Sanhouri's reference For Codifying Islamic Jurisprudence in The Civil Law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 34, Volume 14, Issue: 1 part 2, June 2024, Pages 891-920 PDF (910.41 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.146098.1160 | ||
| Author | ||
| Kasim H Resan* | ||
| College of Law – University of Kufa | ||
| Abstract | ||
| Dr. Abdul Razzaq Ahmed Al-Sanhouri put forward a project to codify Islamic jurisprudence in civil law, through several proposals, dealing with the amendment of Islamic jurisprudence, to keep pace with modern Western laws, was Al-Sanhouri independent in these proposals, or was he quoted from his French professor Edward Lambert ? After comparing Al-Sanhouri's proposals with those of Edward Lambert, we clearly found that Al-Sanhouri was subordinate to his professor in the foundations of these proposals, and then practically deepened them, when enacting the Egyptian Civil Code and the Iraqi Civil Code. We also found that the purpose of the Lambert and Al-Sanhouri project was not to return to the application of Islamic law as they claim, but this project was just a deceptive external cover, to import Western laws. Lambert describes Al-Sanhouri as “his desired goal,” and Al-Sanhouri describes Lambert as “the great professor... with a mighty legal spirit.” In this regard, Ismat Abdel Majeed Bakr says: “The late Professor Al-Sanhouri studied law at the Faculty of Law during the time of the British occupation.” He went to Egypt and was influenced by his foreign teachers when he was in his early youth, and his travel to France early in his life and his studentship at the hands of French professors, without him being fully educated or conversant in Islamic jurisprudence, all of this had a great influence on his legal formation” (). | ||
| Keywords | ||
| Lambert; Al-Sanhuri; codification of Islamic jurisprudence; civil law; comparative law | ||
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