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The structural engineering of the code— The gate to the concealed

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Chapter Summary

This chapter identifies a number of principles that develop and follow in sequence, forming a single formula, namely: the sociological school of legal theory; the principles of the theory of takhayyur; the theory of disengagement; the referendum and the distinction between the overt Code and the concealed one. The sociological school is associated with an additional development in European, and particularly French law that was to have a considerable influence both on Egyptian law and on ʿAbd Al-Razzāq Sanhūrī. The movement for reform and modernization in Islam in nineteenth century Egypt, founded by Muḥammad ʿAbduh (1849-1905, who served from 1899 as the Mufti of Egypt), argued that there was no contradiction between the principles of Islam and those of modern Western civilization, and that Islamic legal doctrine should be re-ordered with the goal of adapting it to meet the requirements of modern society.

Keywords: 'Abd Al-Razzāq Sanhūrī; Egyptian law; Islam; legal theory; New Civil Code

10.1163/ej.9789004158788.i-341.16
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