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Sharia and the Making of the Modern EgyptianIslamic Law and Custom in the Courts of Ottoman Cairo$
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Reem A. Meshal

Print publication date: 2014

Print ISBN-13: 9789774166174

Published to Cairo Scholarship Online: September 2014

DOI: 10.5743/cairo/9789774166174.001.0001

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The Rights of Humans (Huquq al-Adamiyyin)

The Rights of Humans (Huquq al-Adamiyyin)

(p.177) Chapter Seven The Rights of Humans (Huquq al-Adamiyyin)
Sharia and the Making of the Modern Egyptian

Reem A. Meshal

American University in Cairo Press

The mu‘amalat—the body of laws pertaining to the rights of humans—originally reflected the community's way of life at the beginning of Islam. In Ottoman jurisprudence, the mu‘amalat were examined to see how closely they matched the Ottoman ethical ideal. This often led to disputes when the Ottoman standards (for example, in weights and measures, or in the provisions of marriage contracts) did not correspond to established local customs. As the imperial standards increasingly prevailed, the courts that upheld them revealed an inclination to regard the individual as a member of the Ottoman polity, rather than as a member of a particular religious or ethnic community whose customs might previously have taken precedence over the rules of the civil courts.

Keywords:   courts, custom, mu‘amalat

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