|
|
|
| Charia | |
| The epochs | |
|
4.1 The revelation
epoch:
This era is the most important one among the epochs of the Islamic legislation,
because the source of its instructions is revelation (Koran and the Sunna). It
is divided into two important periods:
a) The Macee period: it is the prophet'
staying in Mecca. He stayed their twelve years, five months and thirteen days.
Revelation in this period was focused on demonstrating the pillars of
religion and calling to them, and ordering to do virtues and desisting from
vices. It did not deal with the practical injunctions but a little and almost
in a general way. b) The Madani period: it is the period of
the prophet' staying in Medina after the
Hegira. He stayed their nine years, nine months and nine days. At this period, the detailed injunctions that
were necessary to organize the Muslims’ lives were revealed.
At that time, the Islamic
Nation was growing up, that is why it needed regulations, legislations and laws
that regulate the relationship between its members and its relation with the
other nations.
For the
first time in the Arab’s history, Islam established the notion of
"state" and made it obligatory to obey the ruler (Sultan). Allah the
Great said: « O you who believe! Obey God and obey the
Messenger, and those entrusted with authority over you…».
[Surat
An-Nissa/the women, from the verse 59].
The prophet -may peace be upon
him- said:
«He who obeys me obeys God and he who
disobeys me disobeys God. He who obeys the chief obeys me, and he who disobeys
him disobeys me».
Islam
restrained the powers of the state by imposing mutual consultation. Allah the
Great said: «…And those who on matters others than
those God Have decreed, conduct them by mutual consultation…».
[Surat An-Nissa/the women, from the verse 59].
He also
said: «…and consult them in the matter and when you
reach a decision...».
[Surat
Âl Imran/ The Family of Imran, from the verse 159].
The prophet- may peace be upon
him- said: « Listening and obedience are
obligations if no offence is commanded. If offence is commanded, so no
listening and no obedience».
Islam called to fight for the
sake of Allah and it forbade hostile invasion. It also allowed self defence and
waging war against enemies. In addition, it forbade the killing of children,
old persons and women as it interdicted the murdering of the religious persons
and maiming the enemy’s dead.
Islam issued the rules of the
family like marriage, divorce, tutelage, expenses, inheritance and affirmed
liberties and the necessary regulations to restrict them.
4.1.1
The sources of legislation in this era.
The sole
source of legislation in this period was revelation, as it is explained in the
Noble Koran: «Nor does he speak out of caprice, it is
nothing but a Revelation revealed (Koran) ».[ Surat An-Najm / the Star, 3 - 4].
«…And we have revealed to
you the Book expounding all things…».[ Surat
An Nahl /the Bee, from the verse 89].
The prophet- may peace be upon
him- was ordered to forward what was revealed to him. The Almighty Allah said:
«O messenger! Convey that which has been revealed to
you from your Lord, and if you do not, then you would not have conveyed His
Message…». [Surat Al -Mâ’ida / the Table
Spread, from the verse 67].
And he was
ordered to make it clear for people. The Almighty Allah said: «…And we Have revealed to you the Koran; that you may make
clear to mankind what was sent for them, and that they may reflect».
[Surat
An-Nahl/the Bee, from the verse 44].
4.1.2 The ways of legislation in
this epoch:
there are three ways of legislation
in this era.
a) The appearance of an event:
Among the instructions that
are legislated on the occasion of an events that had occurred, the following
ones:
Allah the
Great said: « And do not marry polytheist women unless
they believe, and certainly a believing slave woman is better than a polytheist
woman even though she pleases you...». [Surat Al-Baqara/the Heifer, from the verse 221].
This verse was revealed because of an event. It was one of the Muslims who decided to marry a polytheist. This marriage was contingent upon the prophet's approval. When the prophet was informed, this verse was revealed to him.
Another event was the one
reported by Djaber Ibn Abd Allah. He said: the wife of Saâd bnu Rabi’ came to
the prophet-may peace be upon him- with her two daughters. She said: O
messenger of Allah, these are the daughters of Saâd bnu Rabi’. Their father was
martyred in Uhud and their uncle took every thing their father had left. So,
they can not get married without money. The prophet -may peace be upon him-
said: «Allah will decide on this». Just after
that, the inheritance verse was revealed, then the prophet sent to their uncle
and said to him: «give Saâd's daughters two third,
their mother one eight and what is left is
yours».
b) The asking of a question:
Among the injunctions that
came as an answer to a question the following ones:
Allah the Great said:
« They ask you what is permitted to them say: "Permitted
to you is all that is good and pure…». [Surat Al-Mâ’ida/the Table spread, from the verse 44].
«They ask you about the phases of the moon, say: "these
are appointed times for the people and the pilgrimage…».[Surat Al-Baqara/the Heifer, from the
verse189]
« They ask you what they should spend, say: "whatever you
spend of good, is for parents, near of kin, orphans, the needy and the
traveller…». [Surat
Al-Baqara/the Heifer, from the verse 215].
«…And they ask you about
the orphans, say: "To safeguard their interests is good for you…».[Surat Al-Baqara/the Heifer, from the verse 220].
« They ask you about fighting in the inviolable month,
say," Fighting in it is a grievous sin…».[Surat Al-Baqara/the Heifer, from the verse 217].
« They ask you about
intoxicants and gambling, say, "in both of them there is grievous sin, and
some profit for people; but the sin is more grievous than the profit".
They ask you how they are to spend, say, "whatever you can spare"...».
[Surat Al-Baqara/the
Heifer, from the verse 219].
«And they question you
concerning the soul, say, "the soul is the concern of my Lord, and what
you have been of knowledge is very little"».
[Surat Al-Isrâ'/the
Nocturnal Trip, 85].
«And they ask you about the mountains, say, "my Lord will
blow them away».
[Surat Tâ-Hâ, 105].
From the Sunna: it was reported
that some of the Sahaba asked the prophet-may peace be upon him- and said: we
travel on the sea and we have but a little potable water. It is not sufficient
to perform the ablution, do we use the water of the sea for performing
ablution. He answered: «Its water is the pure and its
dead creatures are lawful».
El-Boukhari and Muslim
reported from Aicha that Hind (the wife of Abi Sofiane) said: O messenger
of Allah! Abi Sofiane is a stingy
person, he give me and my son nothing except what I take from him without his
knowledge. The prophet said: «Take from Abi Sofiane's property what is sufficient for you and your son
with no extravagance».
c) legislating instructions that
are not preceded by an event or a question:
Among these injunctions what is
revealed in the following verses:
«O you who
believe! When you intend to pray, you must wash your faces, your hands up to
the elbow; wipe your heads and your feet to the ankles…».[
Surat Al-Mâ’Ida/the Table spread, from the verse 6].
«
O you who
believe! Fasting is ordained for you as it was ordained for those before you,
that you may be pious». [Surat Al-Baqara/the Heifer, from the verse 183].
In addition to other injunctions that concerns the family, punishments
and so on.
4.1.3 The characteristics of legislation in
this period: a) Gradation in legislation: there are two types of gradation: - Gradation in time:
it means that
the divine laws are not legislated all at once, but they lasted the whole
period of revelation. For example, at the night of Ascent (Al-Isrâ'), one year before the Hegira, prayer was imposed. In
the first year of Hegira, Adhan (call to prayer) and Djihâd (fight for the sake of Allah) were legislated as
well as some stipulations concerning marriage, like the dowry and the dinner
party. In the second year of Hegira, fasting, prayer of the two feasts (Aid Al-Fitr: feast at the breaking of fast of Ramadan, and Aid AL-Adha: the feast of Bairan) were ordered. Within the same
year, Allah the Great imposed legal alms "Zakât",
changed the direction of "Al-Qibla" (it was
directed to Mecca after it was directed to the farthest mosque in Jerusalem )
and allowed booties for the fighters (Al-Mudjahidin).
In the fourth year of Hegira, pilgrimage was imposed.
- Gradation in legislating a law:
The legislation of a law goes through different steps: - Prayer:
At first, Allah
imposed only two prayers: one prayer at the morning (between daybreak and sun
rise) and another at the nightfall. Then, He imposed five prayers a day (day
and night). - Legal alms: At the
beginning, paying alms was facultative without limited amounts. Later on, it
became obligatory and its amount was limited, and of course, it varied
according to the variation of money (coin, cattle and corps...).
- The prohibition of usury
(Ar-Reba):
At first, Allah
the Great disclosed that the usurious money is not prosperous and it is not
blessed. He said: «
And whatever you
lay out with the people in order to obtain an increased return, this increases
you nothing with God…». [Surat Ar-Rűm/the Romans, from the verse 39].
After that, Allah affirmed that usury is wickedness. He also affirmed
that He forbade for the Jews many good
foods which were lawful, because of their taking of usury though it was
forbidden.
The Almighty Allah said :«Because of the sinfulness of the Jews, we have forbidden to them certain
good things that were permitted to them, and for their hindering many from
God's way, and their taking usury, though they were forbidden, and that they
devoured people's wealth in falsehood…». [Surat An-Nisâ'/
the women, from the verse 160].
Allah prohibited the doubled and multiplied
usury. This kind of usury was the widespread one
among people. Allah the Great
said:
«O who
believe! Do not devour usury multiplying it over, and fear God that you may
prosper». [Surat Al-Imran/the Family of Imran, 130].
«Those who eat usury will not stand except like the
standing of a person beaten by Satan leading him to insanity. That is because
they say: trading is only like usury, whereas Allah had permitted trading and
forbidden usury». [Surat Al-Baqara/the Heifer, from the verse 275].
-The prohibition of wine: At the
beginning, the Koran gave a slight indication that wine is hated. The Almighty
Allah said: «And from the fruits of the palms and the
vines. You obtain from them intoxicants and a goodly provision…». [Surat An-Nahl/the
bee, from the verse 67].
Later on, the following verse was revealed «They ask you about intoxicants and gambling, say:
"in both of them there is grievous sin, and some profits; but the sin is
more grievous than the profit"…». [Surat Al-Baqara/the Heifer, from the verse
219].
This verse changed the believers' attitude towards drinking wine. They no
longer consider drinking wine as a virtue, because they perceived that its
detriments are more than its benefits. Nevertheless, some of them did not cease
drinking wine.
Islam, then, forbade it during specific periods of
time (during prayers' times) in order to enable the drinkers to cease drinking
it gradually. Allah the Great said: «O you who believe! Do not approach prayers while you are intoxicant…».
[Surat, An-Nisâ'/
the women, from the verse 43].
At last, Allah forbade it completely, He said: «O you who believe! Most certainly intoxicants and
gambling and idol worship and fortune telling are an abomination of Satan's
handiwork, so shun it, that you may prosper. Satan desires only to cause enmity
and hatred between you with intoxicants
and gambling, and to hinder you from the remembrance of God and from prayer,
will you then desist?». [Surat Al-Mâ’idah/the Table spread, 90-91]. b) The removal of embarrassment: This feature appears clearly in many Koranic verses and in many
prophet's Ahadith. The Almighty Allah said:
«…And has
not imposed difficulty upon you in Religion…».
[Surat
Al-Hajj/the Pilgrimage, from the verse 78]
«…God does not desire
to make any impediment for you but He wishes to purify you, and that He may
complete His favours on you, that you may be grateful».[Surat Al-Mâ’idah/the Table
spread, from the verse 6].
«…God
desires ease for you and not hardship…». [Surat Al-Baqara/ the Heifer, from the verse 185].
«God
desires to make things easier for you, for mankind was created weak (to resist
his lusts)». [Surat An-Nissâ'/the Women, from the verse 28].
«God does not impose on any soul a burden greater
than it can bear…». [Surat Al-Baqara/ the Heifer, from the verse
286].
The
prophet-may peace be upon him- said: « facilitate
things and do not harden them ». He also said «I
have been sent with a white and tolerant Hanifia (Islamic Monotheism)».
If the prophet-may peace be upon him- was let to choose between two things, he
was always choosing the easy one if it is not sinful. c)
Abrogation
Mohamed
El- Khodri Bik identifies this term as follows:
According
to the Fuqaha, abrogation has two meanings:
1. To revoke a rule which is extracted from a previous text and to
substitute it by another. As an example of this, the saying of the prophet-may
peace be upon him «I forbade to you the visit of
graves but now visit them». The first text forbids the visit of graves
and the second one allows it.
2.
To detail a previous text or to restrict an absolute one. As an example,
the Almighty Allah said: «And the divorced women must
wait for a trail period of three menstruations…».
[ Surat
Al-Baqara/the Heifer, from the verse 228].
He
also said: «…When you marry believing women and then
divorce them before you have touched them, no prescribed term should be
accounted for them…». [Surat
Al-Ahzâb/the Allies, from the verse 49].
The first text is general, it includes the divorced
women, either before or after the consummation of marriage. The second issues a
special rule only for the divorced women before the consummation of marriage.
The conditions of abrogation can be limited to five points:
1.
The
law of the abrogating and the abrogated must be contradictory. So, it becomes
impossible to work according to them at the same time.
2. The abrogated law must be definite before the establishment of the
abrogating.
3. The abrogated law must be established according to a divine law and
not according to a custom or a common law. In case it is set up according to
the latter, it becomes no longer an abrogated but rather a beginning of another
legislative law.
4.
The
abrogating law must be legislated by the Koran or the Sunna as the abrogated.
If a law is not legislated either by the Koran or by the Sunna, no other source
of legislation can abrogated what is legislated in them. So, once the law is
certain either in the Koran or in the Sunna, it is not permissible to abrogate
it by unanimity or analogy.
5.
The
abrogating must be from the same source as the abrogated or from a source that
is stronger than that of the abrogated (it is not permissible for the Sunna to
abrogate Koranic verses).
In fact, Abrogation was done to protect people's interests and to remove
embarrassment from them. There are many examples concerning the abrogation,
among them the Almighty Allah' saying: «Ordained for
you, when one of you nears death, and he leaves behind possessions, that he
makes a will to parents and next of kin in a fair way…». [Surat
Al-Baqara/the Heifer, from the verse 180]. Many skilled learners hold the opinion of its abrogation by the inheritance verse, and Imam Ahmed agreed on this in his saying: «the parents request is abrogated».
The Almighty Allah said: «And those of you who
die and leaves wives behind, should make a will for their wives to provide for
their maintenance for one year, and they should not be turned out of their
homes». [Surat Al-Baqara/the Heifer, from the verse 240].
This verse limited the waiting period to one year, and it ordered the
paying of alimony to the widow from the husband's heritage. In addition, this
verse affirms the widow's right to stay in her husband's house during her
waiting period. Later on, another verse came to limit the waiting period of the
widow to four months and ten days. Allah the Great said: «And those of you who die and leave wives behind, they should
abstain from marriage four months and ten days…». [Surat
Al-Baqara/the Heifer, from the verse 234].
In another verse He said: «…And do not approach prayers while you are
intoxicated…». [Surat
An-Nissâ'/the women, from the verse 43].
This verse allowed drunkenness outside the times of prayer, then, it is
abrogated by His saying: «O you who believe! Most
certainly intoxicant and gambling and idol worship and fortune telling are an
abomination of Satan's handiwork, so shun it». [Surat
Al-Mâ’idah/the Table spread, from the verse 90].
4.2 The Epoch of the Sahaba:
This
epoch dated from the death of the prophet-may peace be upon him- to the end of
the first Hegirian century. This period was characterized by the expansion of
the Islamic nation. It included Damascus, Egypt, Iraq and Persia. The
difference between the environments and the civilizations of these countries
led to the appearance of new matters which needed certain efforts in order to
deal with them. For this reason, many Fatawa that were based on the Sahaba's
diligence were issued in order to give an answer to the new matters. 4.2.1 The Sahaba's grace:
The
Sahaba had high rank and great grace because of the following reasons:
- God be pleased with them: the Almighty Allah said: «The foremost, the first of
the emigrants, the Ansar (the believers of Madinah who gave refuge to
the prophet and his companions and helped
in God 's cause ) and those who came
after them and followed them in goodness ,God is well pleased with them,….». [Surat At- Tawba/Repentance, from
the verse 100].
-
The Sahaba were always in company with the
prophet-may peace be upon him- and they received his direct education, they
were also satiated with the prophet’s knowledge. -
The prophet-may peace be upon him- bore witnesses in favour of the
Sahaba, he said: «The best people are my
companions, then those who came after them» [Reported
by Muslim]. -
The Sahaba's awareness of the
reasons of revelation and the circumstances in which the Ahadith were said. 4.2.2
The ways of legislation in this era:
The
Sahaba -may God be pleased with them- limited themselves to answer the matters
exposed to them. At the beginning of their epoch i.e. the reign of Abu Bakr and
the beginning of that of Omar Ibn El-Khatab, they
undertook, with their legislative power, all the texts or the issues that had
not been mentioned either in the Noble Koran or in the Sunna. Those decisions
were assumed by a legislative congregation (religious confraternity) which
consisted of the Sahaba. This is clear in what was reported by El-Bagwi in Massabih Es-Sunna. He said: «when Abu
Bakr had to judge between the adversaries, he referred to the Koran, if he
found something, he gave his judgment according to it, otherwise, he judged
according to the prophet' Sunna. If he found
nothing in the Sunna, he asked the Muslims and said: I have to judge in
this or that matter, did you know if the messenger of Allah had already given a
judgment in such a matter? If the Muslims asserted that the prophet did, Abu
Bakr said: praise be to Allah who made among us those who learn from our
prophet, but if he found nothing in the Sunna, he gathered the chiefs and the
best people to look after the matter. If they agreed unanimously upon a
decision, he judged according to it».
Omar
Ibn El-Khatab was doing the
same. If he found nothing in the Koran or in the Sunna, he looked at what was
done by Abu Bakr, otherwise he judged according to what was agreed on among the
Muslims.
After
the Islamic victories and the expansion of the Islamic nation, the Sahaba
resolved the new matters exposed to them differently. This is due to the
different circumstances and the welfare of each country.
The
divergences in some Fatawa were due to the following reasons: - The existence of some texts either in the Noble Koran or in the Sunna which are dubious in their indications. This fact led to some divergences in understanding the texts.
-
The non transcription of the Sunna. Some Ahadith were known only by some Sahaba
.Therefore, the Fatawa of those who knew them were different from the others.
-
The differences between people and their interests from one country to
another.
4.2.3 The famous Muftees among the Sahaba: -In
Medina:
they are the four orthodox caliphs, Aicha -
the mother of the faithful, Zeyd Ibn Thâbit, Abdu Allah Ibn Omar El khatab. In
Mecca: Abdu Allah Ibn Abass. -In Cufa: Abdu
Allah Ibn Massôud. In
Basra:
Anass bnu Malik. In
Syria:
Mouad bnu Djabal, Oubada
Ibn Es Samit. In Egypt:
Abdu Allah bnu Amrou bnu Al-Ass.
4.3 The epoch of transcription
and the diligent Imams:
This
period started from the beginning of the second Hegirian century until the
middle of the fourth Hegirian century. This epoch was considered as being the golden epoch of the Islamic legislation. In this period, the transcription movement was emerged. The Sunna as well as the Fatawa of the Sahaba, their successors and those who came after them were transcribed. This period also witnessed the emergence of a group of the skilled in religion Imams who possessed great capacities to understand the religious affairs.
4.3.1 The factors that led to the
flourishing of legislation at that period: a) The great attention and care
given to science and Ulemas by
the Abbasid caliphs. The Abbasid Caliphs were very close to the Fuqaha
and the learned men. They consult them in each matter that concerns the nation.
The Calif Haroun
El- Rachid, for example, asked Abi Youcef to make an Islamic law for the financial matters.
Abi Youcef, then wrote a book entitled
"El Kherradj" The Poll Tax
Abu Djaâfar also was interested in Fiqh and Fuqaha. It was
reported that Abu Djaafar desired to make El Muwatâ’
of Imam Malik a law for his state, but the latter
was not pleased with such an idea, he said : «O commander of the
faithful! Do not do that; my book is preceded by many sayings and many Ahadith
were related to people who stuck to what came first to them. So, let people
with what they have chosen for themselves». b)
The expansion of the Islamic
nation which stretched from Spain up to
China. The different circumstances of each country, and the difference in their
civilizations and cultures led to the enrichment and the development of Fiqh science. Fiqh
responded to all the matters and
questions that appeared in each of these countries. c)
The transcription of the
Sunna: this played an important role in vitalizing the Fiqh movement at that period. The Fuqaha
were always referring to the Sunna to find out what they search for without
sparing a lot of efforts. This fact facilitate for them the deduction of the
rules that respond to all the new matters. d) The debates and the
discussions that the Fuqaha held: these debates helped the Fuqaha to deepen
their researches and to better explore their opinions and points of view. The
result of this is the expansion of the Fiqh movement.
The characteristics of this epoch can be summarized in the following
points:
1. All the opinions of the Fuqaha were written down in books. Thus, it
was easy for the successors to solve any given matter by relying on what was
written by the predecessors, without sparing any efforts to look after
narrators and learners by heart.
2. The doctrines were categorized and the opinions of the diligent were
formed. Therefore, each Imam had a doctrine and scholars who acquired from him
knowledge and followed his methods.
3. The state did not favour any given doctrine to work and judge accordingly, the matter was rather let to the
judge . At that epoch, there was no binding law but the Noble Koran and the
Sunna. The judge uses his discretion to strive after the new matters that are
not mentioned in the Noble Koran and in the Sunna, to set up his opinion and to
deduce rules on the bases of his own methods.
4. Diligence at that period was unconstrained. It was a period which was free from imitation, except some
common people who imitated the ones who gave the legal opinions (Muftees). The
Fuqaha were limited by the Noble Koran, enlightened by the Sunna and guided by
the narration of the Sahaba and the Tabiin to what is correct and right.
4.4 The Imitation Epoch.
This period started from the middle of the fourth Hegirian century to the
end of the thirteen Hegirian century. It was the period of coolness and
alienation. The Ulemas became unable to deduce legal rules from their legal
sources, and they were only imitating the former Imams. Thus, this period
witnessed the end of the diligence movement. Among the reasons that led to
this, the following ones:
1.The division of the Islamic nation into petty states which were in
continuous quarrels and fight. The rulers were
preoccupied with wars and troubles. Therefore, science was put aside
along with the learned men.
2. The Ulemas' feeling of deficiency, luck of
confidence and the scare of diligence .
3.The appearance of some bigot Ulemas who cleaved to their schools and
Imams. So, each of them tried hard to demonstrate the rightness of the heritage
left by their Imams even by despotism and cruelty.
This period was a dark point in the Islamic legislation, because of the
widespread of false Fatawa given by ignorant people. Thus, it was necessary to
put an end to diligence at the end of the fourth Hegirian century.
Imitation was what characterized this period. However, there were some
great Ulemas who called to diligence. They left considerable scientific
heritage. Among them: Ibn Taimia, Ibn Al-Qaim and Ech-Choukani. 4.5 The epoch of the modern Fiqh
renaissance:
This epoch started from the end of the thirteenth Hegirian century to the
present day. Among its characteristics we mention:
1. Many books were written on the bases of the different Fiqh doctrines,
and many comparative studies between the Islamic Charia and the positive law were
dealt with in studies' programs and university thesis in many universities and
faculties.
2.Tthe establishment of an Islamic Fiqh Complex: it was established by
the Islamic World League in Mecca. It takes into account all the new matters
that interest the Muslims.
3.The
establishment of the Islamic Researches Complex. It was
established in El-Azhar , in accordance with
the law 103 of the year 1961. Among its functions, the codification of the
Islamic Fiqh with its different doctrines, and the bringing out of different
Fiqh researches.
4.The fulfilment of many project of Fiqh encyclopaedias like:
a) The project of the Islamic Fiqh encyclopaedia in the Faculty of Charia
at the university of Damascus.
b) The project of the Supreme Council of the Islamic Matters in Cairo.
c) The project of the Association of the Islamic Studies in Cairo.
d) The project of the Islamic Fiqh Encyclopaedia that was issued by the
ministry of Mortmain and Religious Affairs of Kuwait.
5. Many meetings were held to study and discuss different matters, like
the meeting of the Islamic
Thinking that takes place every year in Algeria.
6. The codification of the Islamic Fiqh. At that period, it was necessary
to codify the Islamic Fiqh as to facilitate the finding of a given rule. At the
end of the thirteenth Hegirian century, the Abbasid Caliph (reign) established
a committee of Ulemas for the codification of the rules of transaction on the
light of the Hanafi Fiqh. This committee started its work in 1285 Hegira which
corresponds to 1869 AD, and ended in 1293 Hegira which corresponds to 1876 AD.
This codification is called The Judicial Rules Magazine. The Abbasid state also
issued the Family Code in the year of 1336 Hegira which corresponds to 1917 AD,
and then it issued many other laws from the codification of the Islamic Fiqh,
among them:
First: In Egypt. A)
The Personal Status Codes:
1. A law that includes some matters like expense, Ida (waiting period),
the lost...N° 25 of the year1920.
2. A law that includes some verdicts of divorce and the lawsuits
concerning kinship, dowry, expenditure...N°25 of the year 1929.
3. The Inheritance Code, N° 77 of the year 1943.
4. The Bequest Code N° 71 of the year 1946.
5. The Mortmain Code, N° 48 of the year 1946.
6. The Custody Code on Someone property, N° 180 of the year 1952.
B) Muhammad Qadri Bacha set up many projects
of laws among them:
1.The book "The Guide of the Puzzles to the Status of Mankind in
Legal Transactions".
2.The book of Legal Injunctions concerning the Personal Status.
3.The Code of Justice and Equity to eliminate Mortmain problems.
C) El-Azhar set up:
1. Four groups for civil proceedings from the four Fiqh doctrines.
2. The project of the Penalty Code. D) Some technical committees that
were established by Dr Sufi Taleb (ex- president of
the Egyptian Popular Assembly) set up the following projects:
- the project of Civil Procedures Code that contains 1044 articles.
- The project of the Identification it contains 182 article.
- The project Litigation Code which contains 512 articles.
- The project of the Trade Code which contains 776 articles.
- The project of Maritime Trade
ode which contains 443 articles. Second: in Sudan :
Many laws were
issued among them:
1. The Penalty Code.
2. The Penal procedures Code.
3. The Civil Proceedings Code.
4. The Identification Code. Third: in Yemen Republic:
many laws
were issued like:
1. The law N° 90 for the year 1976 that concerns the legal
identification.
2. The first and the second books of the Civil Code N° 10 for the year
1979,and N° 11for the year 1979.
3. The law N° 42 for the year 1981 that concerns Civil Procedures. Fourth: many laws were issued about
the Personal Statues among them:
1. The Jordanian Code of Family Rights N° 92 for the year 1951.
2. The Personal Status Code of Syria N°59 for the year 1953.
3. The Tunisian Magazine of Personal Status, published in July 13th,
1956.
4. The Moroccan Personal Status Code issued in December 6th,
1957.
5. The Iraqi Personal Status Code N° 188 for the year 1959. 6. The Algerian Family Code N° 11-84 issued in June, 9th, 1984. |