CHEHATA (Chafik) – GENERAL THEORY OF OBLIGATION IN HANAFI MUSLIM LAW, THE SUBJECTS OF OBLIGATION
CHEHATA (Chafik) – GENERAL THEORY OF OBLIGATION IN HANAFI MUSLIM LAW, THE SUBJECTS OF OBLIGATION
    CHEHATA (Chafik)
    GENERAL THEORY OF OBLIGATION IN HANAFI MUSLIM LAW, THE SUBJECTS OF OBLIGATION
Édition :
    Paris
Date :
    1969
    in-8, br., (cover slightly faded, leaves slightly yellowed), [4 ff.]-365 p.
    This is a re-edition of the author's thesis, originally published in… 1936! “The book is divided into three main parts. The first is devoted to a general bibliography of classical and modern works on Islamic law in general, but the bibliography is exhaustive only with regard to the Hanafi school. […] The second part is the one to which this work is usually referred when cited. It deals with the general principles of the law of obligations, as developed by the Hanafi school, presented in the form of a “general overview.” The author, faithful to his doctrine of the fundamental originality of each legal school and their total autonomy, not to say the incommunicability of one doctrine to another, never mentions, on any point, the solution of another school in order to compare it with that of Hanafi law. […] The third part is accompanied by an impressive apparatus of cross-references, in Arabic, to classical authors.” In his relatively short exposition of the Hanafi doctrine on joint obligations and passive solidarity, the author takes care to support each of his assertions with numerous references to classical authors, so that from page 188 to page 342 of his work, the text occupies, on average, only a quarter of the page, the other three-quarters being reserved for notes. It is always somewhat awkward to praise the merits of a work published some thirty-five years ago. Is there not a risk of giving the impression that one has only just discovered it? Let us simply refer to the criticism of the time—that of jurists and historians. It was unanimous in noting the high scholarly value of this work, as well as the elegant and restrained writing of its author. (Y. Linant de Bellefonds, RIDC no. 4/1970, p. 785 et seq.).

Référence : 44801

140,00 €

Mots-clés : Law of Obligations, Islamic Law

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