Vorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law

Similar documents
Vorlesung / Course Introduction to Comparative Law Einführung in die Rechtsvergleichung

Vorlesung / Course Introduction to Comparative Law Einführung in die Rechtsvergleichung

Political Science Legal Studies 217

[ 6.5 ] History of Arabia and Iraq

As I Enter. Think about: Agenda: Holy Quotes! You decide- is it from the bible, the Torah, or the Quran?

ISLAMIC CIVILIZATIONS A.D.

Islamic World. Standard: Trace the origins and expansion of the Islamic World between 600 CE and 1300 CE.

THE ARAB EMPIRE. AP World History Notes Chapter 11

Islam: Governing Under Sharia

3. Who was the founding prophet of Islam? a. d) Muhammad b. c) Abraham c. a) Ali d. b) Abu Bakr

Southwest Asia s. Prominent Religions. Judaism, Christianity, and Islam (Sunni & Shia)

Introduction to Islamic and Middle Eastern Law FS17

The Thin. Line. A Lecture Series on the History of the Modern University

The Arab Empire and Its Successors Chapter 6, Section 2 Creation of an Arab Empire

10. What was the early attitude of Islam toward Jews and Christians?

Rise and Spread of Islam

Introduction to Islamic Law

Unit 3. World Religions

Issue Overview: Sunni-Shiite divide

Islam. By: Mr. Galfayan, Ms. Tejeda Olvera, Mr. Soto. 5th Grade Textbook

Mk AD

Muslim Civilizations

Issue Overview: Sunni-Shiite divide

Islam Today: Demographics

2/8/2012. Byzantines and Islamic Civilization. Lecture 7 Rise of Islam

Background article: Sources, Shari'a

Introduction to Islam. Wonders of Arabia Windstar Cruises Ross Arnold, Fall 2014

The Arabian Peninsula. Farming limited in Arabia Commerce lively Mecca, near Red Sea, most important of coastal towns

THE RISE OF ISLAM U N I T I I I

Chapter 4: The Spread of Islam

Islamic Law Winter 2016 Clark B. Lombardi M/W: 1:30-3:30

What is Islam? Second largest religion in the world. 1.2 Billion Muslims (20% of earth population) Based on beliefs on Jews & Christians

Issue Overview: Sunni-Shiite divide

Chapter 10. Byzantine & Muslim Civilizations

Women and Islam Week#6. By Dr. Monia Mazigh, Fall 2017

World Religions Islam

Prepared for Members and Committees of Congress

Why study Religion? traditions and cultural expectations.

Muhammad, Islam & Finance. Barry Maxwell

Name: Period 3: 500 C.E C.E. Chapter 13: The Resurgence of Empire in East Asia Chapter 14: The Expansive Realm of Islam

N. Africa & S.W. Asia. Chapter #8, Section #2

1. What is the difference between a market, command, and traditional economy?

7 th Grade History. Chapter 1: The Tools of History. What are latitude and longitude? Hemispheres? (know equator and prime meridian)

YEAR 8- Social Studies Term 1 plan

The Islamic Religion

Islam and Religion in the Middle East

I. The Rise of Islam. A. Arabs come from the Arabian Peninsula. Most early Arabs were polytheistic. They recognized a god named Allah and other gods.

What were the effects of this new industry? How did the growth of the realm of Islam contribute to agricultural, industrial, and urban development?

ISLAM. What do Muslim's believe? Muslims have six major beliefs. Belief in one God (Allah). Belief in the Angels.

SW Asia (Middle East) 2 nd Nine Weeks EOTT/Semester Exam Study Guide

Islam AN AGE OF ACCELERATING CONNECTIONS ( )

Islamic Law of Inheritance

Islam: Sunnis and Shiites

Algeria Bahrain Egypt Iran

Unit 6: Religion and Internal Middle East Politics

Wars in the Middle East

WESTERN IMPERIALISM AND ISLAMIC FUNDAMENTALISM: what relation? Jamie Gough Department of Town and Regional Planning, Sheffield University

THE RISE OF ISLAM U N I T I I I

Abraham s Genealogy. Judaism-Torah. Islam-Quran Muhammad (the last prophet) Quran and the Five Pillars of Islam.

Mohd Farid Mohd Sharif. Ibn Taymiyyah on Jihád and Baghy. Pulau Pinang: Penerbit Universiti Sains Malaysia, 2011.

Islamic Civilization

Chapter 10: The Muslim World,

Event A: The Decline of the Ottoman Empire

ARBITRATION CONFERENCE Regents Park Mosque Sunday 11 th September 2005

Women & Men in Early Islam

Law of Arbitration DR. ZULKIFLI HASAN

Muhammad & The Rise of Islam

CURRENT LEGAL FRAMEWORK ON ISLAMIC FAMILY LAW IN MYANMAR

By Dr. Monia Mazigh Fall, Women and Islam Week#1

Understanding Islam. What in the world is going on?

Objective: Students will explain the causes, results, and impact of political institutions of Europe and the Middle East. (4.3.5)

Chapter 10: Section 1 Main Ideas

Islam and Mormonism: An Introduction Handout. Preliminary Thoughts:

The Rise of Islam In the seventh century, a new faith took hold in the Middle East. The followers of Islam, Muslims, believe that Allah (God) transmit

Prepared for Members and Committees of Congress

Name Class Date. Vocabulary Builder. 1. Identify the person who declared himself a prophet of Allah. Describe him.

Big Idea Suleiman the Magnificent rules during a Golden Age. Essential Question How did Suleiman the Magnificent gain and maintain power?

The Origins of Islam. EQ: How could I compare and contrast the three major world religions of Judaism, Christianity, and Islam?

World History I Mrs. Rogers Sem

Oct 2016 Meeting Minutes Discussion of American Muslim Faith and Beliefs

Southwest Asia (Middle East) History Vocabulary Part 1

SYLLABUS: SPRING ISLAMIC LAW & JURISPRUDENCE 685:457:01 & 790:457:01 (This course has been certified in the Core goals WCD requirement) 1

Name: Date: Period: UNIT 2 TEST SECTION 1: THE GUPTA EMPIRE IN INDIA

An Introduction to Islamic Law. LAWS 6518 Tue,Thu 9:00 AM - 10:15 AM WOLF 207. Hamid M. Khan

In the emperor formally dedicated a new capital for the Roman Empire He called the city It became widely known as

Overview of Islam. Today, Islam is the world s fastest growing religion with more than 1 billion followers throughout the world

MBS Texte 121. Pro mundis. Christine Schirrmacher Apostasy and Sharia. Pro mundis. 6. Jahrgang

The Golden Age: Muslim Achievements

ISLAM TODAY. By: Vivienne Stacey

EQ: What are the key characteristics of Southwest Asia s major ethnic groups? (AKS #44b)

Introduction to Islam, SW Asia & North Africa

SLIDES file # 2. Course No: ISL 110 Course Title: Islamic Culture Instructor: Mr. Taher Shah Hussain Chapter 1 : Sources of Islamic Legislation

Cultural Geography of North Africa, Southwest, and Central Asia. Chapter 18, Section 1: North Africa

Cambridge International Advanced Level 9013 Islamic Studies November 2014 Principal Examiner Report for Teachers

Musnad Imam Ahmad Bin Muhammad Bin Hanbal - Subject Codified Into Chapters (Tabweeb) - Vol. 2 (Arabic Only) (Arabic Edition) By Abdul Mannan Omar

LUMS Faculty of Law Muslim Personal Law Fall Semester 2011 Junaid S. Ahmad

Cambridge International Advanced Level 9013 Islamic Studies November 2014 Principal Examiner Report for Teachers

Divisions and Controversies in Islam and the Umayyad Dynasty. by Sasha Addison

A DIVERSE TRADITION (Week #3) Handout 1 of 3 Prepared by Pastor Daren Erisman for Bethlehem Lutheran Church, October 19, 2008

Big Idea The Ottoman Empire Expands. Essential Question How did the Ottomans expand their empire?

Transcription:

Prof. Dr. Alexander Trunk Vorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law Winter term (WS) 2015-2016 http://www.eastlaw.uni-kiel.de

20.10.2015: Basic questions and structures of comparative law 27.10.2015 Basic structures of comparative law (contd.) 03.11.2015: Methods of comparative law 10.11.2015: Methods of comp. law (cont d.). Legal families (overview) 17.11.2015: German legal family (deutscher Rechtskreis) 24.11.2015: French legal family 01.12.2015: Anglo-American legal family 08.12.2015: Exercise (voluntary test) 15.12.2015: The legal systems in Northern and Eastern Europe 12.01.2016: Legal systems in Asia. Religious laws (overview) 19.01.2016: Islamic law 26.01.2016: Contracts law 02.02.2016: Torts law (date under reservation) 09.02.2016: Property law (Sachenrecht) 16.02.2016: Civil procedure and arbitration

Religious laws Christian law Jewish law Hindu law Islamic law

Islam (some basics) Islamic law Sharia Fikh (= Islamic legal scholarship and knowledge) Sources of Islamic Law Methods of Islamic Law Sunnite Shiite law (Sunnite) Legal schools The role of the State Jurisprudence

Islam (basics) Islam (= submission to God) Monotheistic religion based on revelations by God to Prophet Muhammad around 600 CE. Holy book Koran (Quran) [= revelation], 113 suras in Arabic, written in the last 23 years of the life of Muhammad. Relevance for law. Unity of religion, state and society Life of Muhammad and succession. 4 righteous caliphs. Sunnis Shiites (Sunni Shia muslims) Islamic countries

Sources of Islamic law Koran (Quran): holy book Sunnah Hadith: sayings and deeds of Muhammad Idjma: consensus of Islamic community Quiyas: analogy Ijtihad: independent reasoning

Schools of Islamic Law (Sunnite) legal schools Hanefit: Abu Hanifa (died 767 CE): Turkey, Central Asia, India Malikit: Malik Ibn Anas (died 795 CE): North Africa, West Africa, Persian Gulf Shafiit: Al-Shafii (767 820 CE): Indonesia, Egypt, Somalia Hanbalit: Ahmad ibn Hanbal (780 855 CE): Saudi Arabia See also: Wahhabism, Salafism

Islamic Law and the State Role of state laws ( kanun, turk.) Mejelle (Ottoman Empire, 1876 et seq.) = the Civil Code of the Ottoman Empire in the late 19th and early 20th centuries. It was the first attempt to codify a part of the Sharia-based law of an Islamic state. See also Anglo-Muhammadan law.

Mecelle (Mejelle etc.) 1.1 Book 1: Sale 1.2 Book 2: Hire 1.3 Book 3: Guarantee 1.4 Book 4: Transfer of Debt 1.5 Book 5: Pledges 1.6 Book 6: Trust and Trusteeship 1.7 Book 7: Gift 1.8 Book 8: Wrongful Appropriation and Destruction 1.9 Book 9: Interdiction, Constraint and Pre-emption 1.10 Book 10: Joint Ownership 1.11 Book 11: Agency 1.14 Book 14: Actions 1.15 Book 15: Evidence and Administration of an Oath 1.16 Book 16: Administration of Justice by the Courts

Law of Iraq Constitutional law: The current Constitution of Iraq was approved in a national referendum in October 2005 and stipulates the format of the new republican government, and the rights, and responsibilities of the Iraqi people. The Constitution promises several civil liberties including freedom of speech, freedom of religion, freedom of peaceful assembly, freedom of expression, a free press, and a right to have a private life. All such personal liberties contain two main exemption clauses: the Iraqi Council of Representatives has the power to define what these freedoms mean, and, that no freedom may conflict with Islamic morality. Islam is the official state religion, and no law may be enacted or enforced that violates the "undisputed" teachings of Islam. Civil Code: The Iraqi Civil Code was principally drafted by Abd El-Razzak El- Sanhuri, a French-educated Egyptian jurist who was also the principal drafter of the Egyptian Civil Code. In 1943, almost a decade after the push for a comprehensive modern code began in Iraq, Al-Sanhūrī was invited to Iraq by the Iraqi government and asked to complete the Civil Code. Working as the chairman of a committee of Iraqi jurists, using the Egyptian Civil Code as a model, he completed a draft of what would become the modern Iraqi Civil Code. The Iraqi Code is based on the Egyptian and before that French Code Civil. Although it incorporates Islamic elements, its overall structure and substance is principally based on continental civil law.

Examples of rules of Islamic Law Contracts law: keep the contracts (Quran), prohibition of taking interest in loans (Islamic banking) Family law: limited validity of marriages with Non- Muslims, tetragamy, talaq, mahr Law of inheritance: limited validity of wills, limited inheritance rights of women

Qadi Procedural law Mejelle (Ottoman Empire, 1876 et seq.) Book 14: Actions This book is based on actions, where an action is a claim against a person made by another person in court. This book includes conditions and fundamental rules relating to an action and the defense, as well as limitations to actions. Book 15: Evidence and Administration of an Oath This book is composed of four chapters that include law on the nature of evidence, documentary evidence and presumptive evidence, administering an oath, and preferred evidence and administration of an oath to both parties. Book 16: Administration of Justice by the Courts This final book of the Mecelle is based on the legal administration of justice including codification of judges, judgement, retrial, and arbitration. Sharia courts in different countries