Law Of Contract And Obligation: Accommodating Civil And Commercial Law With The Shari¯\u27Ah

The main object of this presentation is to discuss how far the modernisation of civil and commercial law has been incorporated into the Shari¯ah as a unified legal system by examining its gradual development from the Hidaya composed by Ali¯ Abu¯ Bakr al-Jali¯il al-Farghi¯nani¯ al-Marghi¯na¯ni¯ (530 A.H./1135 C.E) to Pasha Qa¯dirs Majalla Ahka¯m al-Adi¯yya (1877 C.E.) and culminating in Abd ar-Razzaq SanhurTs Civil and Commercial Code (hereinafter called Code), which was promulgated in Egypt in 1949. It was enacted in Iraq in 1951, becoming effective in 1953 and later in other Middle Eastern countries. This investigation attempts to show that the development of the Sharii¯ah from its very inception to the most recent incorporation of the modern legal systems in Sanhu¯rt¯s Code has been consistent with Shari¯ah principles and objectives as a unified legal system, regardless of borrowings from foreign sources