Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Azhar (1)
- Balancing of Rights (1)
- Categorization (1)
- Colonialism (1)
- Egypt (1)
-
- Fiqh (1)
- Incommensurability. (1)
- Islamic Reform (1)
- Islamic judiciary (1)
- Islamic law (1)
- Judicial Reasoning (1)
- Judicial Review (1)
- Legal History (1)
- Levels of Scrutiny (1)
- Margin of Appreciation (1)
- Proportionality (1)
- Qāḍī court (1)
- Rights Adjudication (1)
- Sharīʿa courts (1)
- US Constitutionalism (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh
The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh
Theses and Dissertations
This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …