Abstract
For many Egyptians, the only path to modernity in the Egyptian legal system is believed to be through utilizing Islamic sharia’a. Between the nineteenth and twentieth centuries, the Egyptian legal elite worked to introduce a modern interpretation and application of Islamic sharia’a. The Islamic principles takhayur and talfiq were used to do this. While the main usage of takhayur and talfiq was to legitimize the modern legal system by maintaining the usage of Islamic sharia’a, the legal practice reached a contradictory outcome. The Courts have been unable to decide on the exact relationship between Islamic sharia’a and other legal texts. This confusion has produced ambiguity and uncertainty in legal practice. This situation of uncertainty in the legal system is inevitable because of the differences in the underlying nature and philosophy of the modern and sharia’a legal systems. Accordingly, the Egyptian legal system may require additional secular reform to reduce the uncertainty by stressing the superiority of the legal text.
Department
Law Department
Degree Name
LLM in International and Comparative Law
Graduation Date
2-1-2016
Submission Date
November 2016
First Advisor
Beckett, Jason
Committee Member 1
Taha, Mai
Committee Member 2
Sayed, Hani
Extent
64 p.
Document Type
Master's Thesis
Rights
The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
Institutional Review Board (IRB) Approval
Not necessary for this item
Recommended Citation
APA Citation
Ahmed, A.
(2016).Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system [Master's Thesis, the American University in Cairo]. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/584
MLA Citation
Ahmed, Aly Abdulrahman. Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system. 2016. American University in Cairo, Master's Thesis. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/584