Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Toward a new Modus Vivendi: Legal flexibility (Muruna) as a social interest

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter argues that the principle of Murūna is broad and comprehensive, and is supposed to be manifested in politics, in society and in law as a remedy for a polarized and tension-ridden society. In terms of scope, Murūna relates to an adaptive and pragmatic approach that should be shown by all elements of society in order to ensure social reconciliation, and not merely by any specific sector of the population. This explains the importance ʿAbd Al-Razzāq Sanhūrī attached to ensuring the New Code would apply to all sections of Egyptian society-locals and foreigners and the members of the different religious communities. The New Code clearly followed the 'social function' of property law and the sociological doctrines of the contract, with the goal of transforming contracts into social tools for change. The chapter examines several situations in which the discretion of the court was expanded in the New Code.

Keywords: ʿAbd Al-Razzāq Sanhūrī; contract law; Murūna; sociological doctrines



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Sanhuri Code, and the Emergence of Modern Arab Civil Law (1932 to 1949) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation