Islamic Law As A Source of Legal Rules in the MENA Region

Maged Mamdouh Shebaita

 

Abstract: This article critically assesses the role of Islamic law as a historical source of civil laws in the Middle East and North Africa (MENA) region,1 with particular reference to Egypt. Scholars have debated the significance of Islamic law in shaping the civil laws of the MENA region, specifically in Egypt and its neighbouring countries. Egypt is considered the legal leader in the region, as its laws have influenced the majority of laws in other countries.2 The preparatory works of the Egyptian civil law were not clear about the role of Islamic law as a historical source of legal rules. However, this article argues that Islamic law had a profound impact on both Egyptian civil law and other laws in the MENA, as the preparatory works consistently referred to Islamic sources for the majority of the provisions. In fact, the MENA region's civil laws can be considered modern versions of Islamic contract law.