533:
desirable that a relative unity of vision guides the legislators of different Muslim countries, which will happen by the very force of the pursuit , since they will draw all the first inspirations of their legislative work from the same source, Muslim doctrine; but it will of course also be necessary to take into account the particularities of the economic life of each country... The existence of a common ground of ideas between the various laws would render conflicts of laws less acute, widen the field of activity of lawyers in Muslim countries, and give more solidity to the creative work of the jurisprudence of the courts, which, in each of the Muslim countries, could benefit from the judicial experiments carried out by the related case law.
433:
was receiving treatment for the injuries he sustained from the assault, el-Sanhūrī refused to see him. It is often claimed that el-Sanhuri was unable to leave Egypt following this incident. It is unclear whether el-Sanhūrī was placed under any house arrest. He is known to have briefly resided in Kuwait during 1959–60 to assist
Kuwaiti legislators and politicians in different legislative projects. It has also been suggested that he visited Libya once again around that time (having briefly visited it for the first time in 1953) to assist in drafting and legislative exercises.
40:
520:. This would allow jurists, judges and law-makers to keep 'modern' Arab justice from being wholly subordinated to Islamic theology while drawing on Islamic legal principles all the while. In this way, justice would remain faithful to its historic roots but with an invariable view of reaching humanistic ends; particularly when state legislation, the
422:
eventually brought the
Council of State to the attention of the military. During March 1954, when the Egyptian Bar Association made demands for a return to civil government, el-Sanhūrī, whose opposition to military rule had by that time become clear, was forcibly dismissed. Widespread demonstrations
384:
In late 1938, after two drafting committees were abandoned, the
Egyptian Minister of Justice Aḥmad al-Khashaba determined that drafting of a civil code would be "best accomplished by two individuals", and proceeded to select el-Sanhūrī and his old mentor, Lambert, for the task. The first draft of the
491:
and
Western jurisprudence was not on identitarian or colonial premises, rather, it was on account of their highly elaborate and intellectualised character. This reconciliation is predicated upon an important distinction. According to el-Sanhūrī, the process of elaborating law and dispensing justice
397:
and the
Egyptian Civil Code as its sources was promulgated in 1951 (but only came into force in 1953). El-Sanhūrī also visited Syria, at which time he contributed to the drafting of a civil code. His contribution, however, was cut short by his return to Cairo in 1948. Moreover, the articles which he
532:
It will be prudent, in reducing modernized Muslim law to legislative expression, to have recourse to formulas flexible enough to allow for the adaptation of the system by the courts to the changing needs of court practice through following the general guidelines set out by doctrine. It will also be
432:
newspaper claiming that the
Council of State "was about to issue decrees against the Revolution . . . (and) it had been rumoured that Dr el-Sanhuri was to become Prime Minister for the four months until the election of a constituent assembly". When Nasser called at the hospital in which el-Sanhūrī
318:
He was subsequently appointed as
President of the Egyptian Council of State. El-Sanhūrī's tenure as President of the Council of State lasted until 1954, when he was dismissed by coercion. He has been described as "a personality of unique embroidery, never to reoccur". An avowed advocate of Arab
331:
El-Sanhūrī was born on 11 August 1895 in
Alexandria. His father, who, by the time of el-Sanhūrī's birth, had lost his fortune, worked as a 'minor' employee at the Alexandria Municipal Council. el-Sanhūrī had six other siblings. His father's passing in 1900 aggravated the family's destitution.
311:, a comprehensive commentary on the Egyptian Civil Code of 1948 and on civil law more generally, published during 1952-1970, remains in print and is highly regarded in legal and juristic professions throughout the Arab world. El-Sanhūrī was Minister of Education in the Cabinet of
323:, while at the same time serving as dean of the Baghdad Law School, from 1935 to 1937. He also contributed to a drafting project of a Syrian civil code throughout the early 1940s. El-Sanhūrī also drafted various public and private laws of Kuwait, Sudan, Libya and Bahrain.
427:
insisted that the transition system of governance would stay in place. According to Farhat Ziadeh, a mob instigated by "some army elements" assaulted el-Sanhūrī. One explanation put the assault to a publication by
445:. Nevertheless, in 1959, he was appointed, to Nasser's displeasure, as the director of the legal department at the Arab League's Institute of Arab Research and Studies (IARS) in Cairo, now administered by the
336:) where he obtained his BA in 1917. He was subsequently assigned to the position of Deputy Prosecutor at the National Court of Mansura which he retained until 1919, when his incitement of riots during the
348:
to obtain his doctorate. During that time, he undertook research under the French jurist Édouard
Lambert. El-Sanhūrī returned to Cairo in 1926 to take up a position as a teacher of civil law at his
872:«in the absence of any applicable legislation, the judge shall decide according to the custom and failing the custom, according to the principles of Islamic Law. In the absence of these principles,
364:, then the Minister of Interior, put together a committee of jurists for the drafting of an Iraqi Civil Code, which he tasked el-Sanhūrī with presiding over. Interruptions brought about by the
319:
unity, el-Sanhūrī was notably active in the legal and institutional reforms of different Arab countries throughout most of his adult life. He presided over a committee which drafted the Iraqi
360:
After spending eight years as a teacher of civil law at the
Faculty of Law in Cairo, el-Sanhūrī moved to Baghdad in 1935, where he became dean of the Baghdad School of Law. In February 1936,
709:
Hill, Enid (1988). "Al-Sanhuri and Islamic Law: The Place and Significance of Islamic Law in the Life and Work of 'Abd al-Razzaq Ahmad al-Sanhuri, Egyptian Jurist and Scholar, 1895-1971 ".
524:
and traditional customs all fail to find a solution to one or more legal or juridical problems. The tenets of El-Sanhūrī's philosophy are unity and experience; as he explains in
393:
In 1943, el-Sanhūrī left Egypt to help draft the civil code of Iraq anew. This time, the attempt at drafting a code was more favourable; an Iraqi Civil Code which combined the
446:
546:
and sociological jurisprudence." Other commentators have pointed out that his place in the legal history of the modern Middle East is nevertheless secure; indeed, his
1005:
368:
and strong opposition from Islamists brought the project to a halt. In 1937, el-Sanhūrī returned to Cairo. Around this time, he interacted with secessionists of the
385:
Egyptian Civil Code was completed in 1942. Various administrative hold-ups and legislative procedures resulted in the Code being promulgated on 15 October 1949.
457:, the Egyptian state awarded el-Sanhūrī its prize for social sciences and culture. El-Sanhūrī died on 21 July 1971 at his home in Alexandria, and was buried in
332:
El-Sanhuri obtained his secondary school certificate from the ʿAbbāsiyya in 1913 and then joined the Khedival School of Law (later the Faculty of Law at
763:
845:
996:
944:
922:
424:
410:
In March 1949, el-Sanhūrī accepted the position of presidency at the Egyptian Council of State. His tenure coincided with the
813:
Wood, Leonard. “Al-Sanhuri’s Theory of Rights in Islamic Jurisprudence: The Final Act of Franco-Egyptian Comparative Law.”
508:, that part of Islamic law which pertains to rituals and worship, and must therefore be confined to the religious parts of
449:. El-Sanhūrī taught a course in comparative Islamic and Western law at the IARS. In 1970, on advice of Cairo University,
990:
960:
938:
855:
469:
El-Sanhūrī's major contribution to modern Arab legal and intellectual thought is his method of modernizing Islamic
903:
550:"adorns the bookshelves of many an Arab law firm, even in countries where the Egyptian Civil Code is not law".
1050:
759:
365:
411:
373:
337:
250:
1045:
1040:
312:
52:
904:
Amr Shalakany, "Between Identity and Redistribution: Sanhuri, Genealogy and the Will to Islamise,"
560:
Les restrictions contracluelles a la liberle individuelle de travail dans la jurisprudence anglaise
488:
441:
Most of el-Sanhūrī's later life was dedicated to the writing and publication of further volumes of
512:, the jurists proper concern themselves with the temporal and particular (i.e. variable) parts of
303:, law professor, judge and politician. He is best remembered as the primary author of the revised
119:
1014:
968:
450:
361:
1035:
1030:
454:
610:
al-Jamī‘ī, ‘Abd al-Bāsit (1971). "'Abd al-Razzāq al-Sanhūrī: al-rajul al-lathī faqadnāh".
8:
304:
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drafted were eventually dropped in favour of the draft which, at the instructions of
236:
220:
320:
683:
333:
819:
Al-Duktur 'Abd al-Razzaq al-Sanhuri: islamiyyat al-dawla wa-l-madaniyya wa-l-qanun
487:
with modern European jurisprudential concepts. The reason he resorted to European
292:
1001:
Between Identity and Redistribution: Sanhuri, Genealogy and the Will to Islamise
631:
l-Duktūr ʿAbd al-Razzāq al-Sanhūrī: Islāmiyyat al-Dawla Wa al-Madīna Wa al-Qānūn
974:
415:
183:
Dean of the Law Faculty at the Egyptian National University (Cairo University)
1024:
687:
340:
led to his dismissal. After this, el-Sanhūrī briefly worked as a teacher in
949:
The Sanhuri Code, and the Emergence of Modern Arab Civil Law (1932 to 1949)
584:
Al-Mujiz fi al-nazariyya al-'amma lil-iltizamat fi qanun al-madani al-misri
345:
39:
542:
One commentator argued that el-Sanhūrī's codes reflected a "hodgepodge of
745:
al-Haraka al-siyasiyya fi misr min thawrat yūlyo 1952 ila azmat mars 1954
674:
Saleh, Nabil (1993). "Civil Codes of Arab Countries: The Sanhuri Codes".
695:
369:
263:
543:
888:
875:
the judge shall have recourse to natural law and the rules of equity
801:
Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno
786:
Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno
661:
Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno
646:
Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno
483:
870:
Abd Al-Razzak Al-Sanhuri, Egyptian Civil Code, Article 1, 1949,
504:
477:
300:
732:. Hoover Institution on War Revolution and Peace. p. 156.
498:
and the jurists are substantively distinguished: whereas the
494:
447:
Arab League Educational, Cultural and Scientific Organization
817:, 45, no. 1 (2020), 856-895, 873; 'Imara, Muhammad. (1999).
471:
271:
609:
843:
Wood, Leonard, “Sanhuri, ʿAbd al-Razzaq Ahmad al-.”
568:, Paris: Librairie Orientaliste Paul Geuthner, 1926.
405:
528:, a careful balance must be achieved between both:
388:
760:"Civil Codes of Arab Countries: The Sanhuri Codes"
299:) (11 August 1895 – 21 July 1971) was an Egyptian
798:
783:
658:
643:
402:, more or less mirrored the Egyptian Civil Code.
355:
315:from 1945-1946 and again from late 1946 to 1948.
1022:
730:Lawyers, the Rule of Law and Liberalism in Egypt
628:
307:of 1948. El-Sanhūrī's multi-volume masterwork,
727:
889:al-Sānhūrī,‘Abd al-Razzāq al-Sanhūrī (1926).
742:
590:Al-Wasīṭ fī sharḥ al-qānūn al-madanī al-jadīd
481:by reconciling rules and laws within Islamic
309:Al-Wasīṭ fī sharḥ al-qānūn al-madanī al-jadīd
673:
109:24 February 1945 – 15 February 1946
29:
326:
708:
379:
38:
979:Rethinking the Masters of Comparative Law
850:. OUP USA. 2 February 2012. p. 268.
194:8 October 1936 – 15 October 1937
834:, Lynne Rienner Publishers: 2000, p. 181
757:
832:Biographical Dictionary of Modern Egypt
142:9 December 1946 – 2 March 1949
1023:
537:
65:3 March 1949 – 29 March 1954
766:from the original on 7 December 2008
296:
30:
13:
492:can only rightly operate when the
178:January 1942 – March 1942
16:Egyptian legal scholar (1895-1971)
14:
1062:
406:President of the Council of State
592:. (10 volumes) Cairo, 1952–1970.
502:are responsible for elaborating
389:The Iraqi and Syrian civil codes
916:
897:
882:
864:
847:Dictionary of African Biography
837:
824:
807:
792:
777:
344:. In 1921, el-Sanhūrī moved to
821:. Cairo: Dar al-Rashad, 62-65.
751:
736:
721:
702:
667:
652:
637:
622:
603:
356:Cairo and Baghdad in the 1930s
268:Khedival School of Law, Cairo
1:
596:
436:
425:Revolutionary Command Council
342:Madrasat al-qadā ash-shariyya
633:. Dār al-Salāma. p. 17.
562:, Paris: Marcel Biard, 1925.
167:Under-Secretary of Education
7:
412:Egyptian revolution of 1952
374:Saadist Institutional Party
338:Egyptian Revolution of 1919
251:Saadist Institutional Party
10:
1067:
927:Al-Sanhuri and Islamic Law
799:Castro, Francesco (1984).
784:Castro, Francesco (1984).
659:Castro, Francesco (1984).
644:Castro, Francesco (1984).
414:. Power struggles between
152:Muḥammad Ḥasan al-‘Ashmawi
131:Muḥammad Ḥasan al-‘Ashmawi
629:ʿAmāra, Muḥammad (2009).
464:
313:Mahmoud El Nokrashy Pasha
289:‘Abd al-Razzāq el-Sanhūrī
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53:Egyptian Council of State
50:
46:
37:
28:
23:‘Abd el-Razzāq el-Sanhūrī
21:
553:
327:Early life and education
285:Abd el-Razzak el-Sanhuri
1006:Islamic Law and Society
906:Islamic Law and Society
728:Ziadeh, Farhat (1968).
688:10.1163/157302593X00050
380:The Egyptian Civil Code
120:Mohammed Hussein Heikal
743:Shakra, Gamal (1985).
535:
366:1936 Iraqi coup d'état
530:
451:Alexandria University
362:Rashid Ali al-Gaylani
98:Minister of Education
1051:Muslim anti-fascists
830:Arthur Goldschmidt,
455:Ain Shams University
270:University of Lyon (
1009:, Vol. 8(2), 2001,
893:. pp. 578–584.
788:. pp. 203–204.
538:Academic commentary
305:Egyptian Civil Code
297:عبد الرزاق السنهوري
31:عبد الرزاق السنهوري
908:(8): 201-244, 2001
815:The Maghreb Review
711:Arab Law Quarterly
676:Arab Law Quarterly
578:Nazariyyat al-'Aqd
544:socialist doctrine
420:Gamal Abdel Nasser
612:Al-Fikr alMu'āṣir
282:
281:
237:Alexandria, Egypt
221:Alexandria, Egypt
83:Kāmil Pasha Mursī
51:President of the
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1046:Egyptian Muslims
1041:Egyptian jurists
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901:
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334:Cairo University
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572:Al-'Aqd al-ijar
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540:
467:
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382:
372:and joined the
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329:
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243:Political party
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5:
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997:Shalakany, Amr
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972:
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881:
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803:. p. 203.
791:
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758:Saleh, Nabil.
750:
747:. p. 590.
735:
720:
717:(2): 9182–218.
701:
682:(2): 161–167.
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663:. p. 187.
651:
648:. p. 176.
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601:
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586:. Cairo, 1936.
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580:. Cairo, 1934
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574:. Cairo, 1930.
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400:Husni al-Za'im
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768:. Retrieved
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346:Lyon, France
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232:(1971-07-21)
189:
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158:Succeeded by
137:
127:Succeeded by
104:
89:Succeeded by
60:
1036:1971 deaths
1031:1895 births
945:Bechor, Guy
254:(1937–1949)
148:Preceded by
115:Preceded by
79:Preceded by
1025:Categories
951:, Brill, (
923:Hill, Enid
891:Le Califat
770:2008-10-24
597:References
566:Le Califat
526:Le Califat
459:Heliopolis
437:Later life
370:Wafd Party
350:alma mater
321:Civil Code
264:Alma mater
214:1895-08-11
1015:0928-9380
969:1384-1130
618:: 99–104.
489:civil law
461:, Cairo.
430:Al-Akhbār
190:In office
174:In office
138:In office
105:In office
70:President
61:In office
764:Archived
548:Al-Wasīṭ
484:Madhhabs
443:Al-Wasīṭ
977:(ed.),
696:3381555
395:Majalla
73:Himself
1013:
989:
967:
959:
937:
854:
694:
522:sharia
518:sharia
505:ibadat
478:sharia
465:Method
301:jurist
293:Arabic
1003:, in
692:JSTOR
554:Works
500:ulama
495:ulama
1011:ISSN
987:ISBN
983:2001
965:ISSN
957:ISBN
953:2007
935:ISBN
931:1987
852:ISBN
516:and
514:fiqh
510:fiqh
475:and
472:fiqh
453:and
418:and
227:Died
208:Born
985:),
981:, (
955:),
933:),
929:, (
684:doi
287:or
272:PhD
1027::
999:,
963:,
947:,
925:,
878:.»
762:.
713:.
690:.
678:.
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