Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system
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 prin...
Saved in:
| Main Author: | |
|---|---|
| Format: | Thesis |
| Published: |
AUC Knowledge Fountain
2016
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613410852601856 |
|---|---|
| access_status_str | Open Access |
| author | Ahmed, Aly Abdulrahman |
| author_browse | Ahmed, Aly Abdulrahman |
| author_facet | Ahmed, Aly Abdulrahman |
| author_sort | Ahmed, Aly Abdulrahman |
| collection | Thesis |
| dc_rights_str_mv | 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. |
| description | 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. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-1583 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:42.290Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-1583 Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system Ahmed, Aly Abdulrahman 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. 2016-02-01T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/584 https://fount.aucegypt.edu/context/etds/article/1583/viewcontent/Thesis_20final_20approved.pdf 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. Theses and Dissertations AUC Knowledge Fountain Islamic Law shariaa |
| spellingShingle | Islamic Law shariaa Ahmed, Aly Abdulrahman Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system |
| title | Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system |
| title_full | Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system |
| title_fullStr | Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system |
| title_full_unstemmed | Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system |
| title_short | Dilemma of applying Islamic sharia’a through takhayur and talfiq principles in the modern Egyptian legal system |
| title_sort | dilemma of applying islamic sharia a through takhayur and talfiq principles in the modern egyptian legal system |
| topic | Islamic Law shariaa |
| url | https://fount.aucegypt.edu/etds/584 https://fount.aucegypt.edu/context/etds/article/1583/viewcontent/Thesis_20final_20approved.pdf |
| work_keys_str_mv | AT ahmedalyabdulrahman dilemmaofapplyingislamicshariaathroughtakhayurandtalfiqprinciplesinthemodernegyptianlegalsystem |