Research On The Egyptian Civil Code Of1948

In the legislative activities of Islamic world, the Egyptian Civil Code of1948hasthe most far-reaching influence, for it not only caters to the trend of pursuing legalmodernization in Muslim countries from20th century, but also opens the leading caseof mixing Shari’a with western law harmoniously. The unique historical background,novelty compiling style, creative system installation, and its spiritual essencecombined the East with the West, the religion with the secular. Once the civil codehad issued, it brought a tremendously epoch-making significance in the area of NorthAfrica and West Asia, guiding the modernization code legislation of civil andcommercial in Iraq, Kuwait, Jordan, Libya, and some other countries. At the sametime, the civil code had been revised, such as some legal interpretations and revisions,facing with the defiance and trouble of Islamic Fundamentalism which sprung upfrom the1970s, but eventually, the integrity and advancement of civil code had beenretained. Therefore, studying on the Egyptian Civil Code of1948can be of somebenefits to us. On the one hand, the studying will help us to grasp the legal reform inthe process of the modernization of Islamic world, especially the codificationactivities, and its promoting function towards the society, the politics and the life; Onthe other hand, the analyzing of the content and characteristics of the code will help usto know about the experience and enlightenments of legal transplantation inlater-developing countries’ legal transplant and then we can understand the conflictionof indigenous customary law and foreign law, the coexistence of religious law andsecular law, and the merging of Eastern law and Western law in the vast third worldcountries, and also the process of interaction of former mentioned legal sources. Inaddition, Abd El-Razzak El-Sanhuri played a delicate role in the codification process.It is due to his particular schooling experience and academic background which gavehim great help to compile the code. As a result, from proposing to drafting and even tothe version discussing which condensed his whole life learning and industrious work,therefore, he was called as Egyptian William Blackstone by the Comparative lawscholars. In a word, the studying on the Egyptian Civil Code of1948and its legislatorEl-Sanhuri have certain academic value.