Islamic Civil Code Research Articles

TEXTUAL TRAJECTORIES

This article discusses the Undang-undang tubuh negeri Johor of 1895 (the Constitution of Johor 1895), a document that for many represents the birth of the ‘modern state’ in the Malay Peninsula. It introduces a reading of the Constitution in the context of other texts produced by and for the state of Johor during Sultan Abu Bakar's reign, including portraits commissioned throughout his lifetime, the texts of treaties that changed his status from Temenggong to Maharajah to Sultan, and the adoption of the Ottoman Majalla as the Islamic civil code in 1893. In light of these texts, the first Constitution of Johor can be read as part of the repertoire available to Malay elites attempting to negotiate, subvert and capitalise upon colonial interventions in the state. Reading texts of law alongside other texts of the 19th century opens a broader line of inquiry into the interpretation of constitutional and founding discourses of the state.

Private Relations in Iranian Islamic Civil Code

Civil law or private Body of law developed from Roman law and used in continental Europe and most former colonies of European nations, including the province of Quebec and the U.S. The most significant codifications of modern civil law were the French (Napoleonic code) and the German (German civil code). The basis of law in civil-law jurisdictions is statute, not custom; civil law is thus to be distinguished from common law. In civil law, judges apply principles embodied in statutes, or law codes, rather than turning to case precedent. French civil law forms the basis of the legal systems of The Netherlands, Belgium, Luxembourg, Italy, Spain, most of France's former possessions overseas, and many Latin American countries. German civil law prevails in Austria, Switzerland, the Scandinavian countries, and certain countries outside Europe, such as Japan, that have westernized their legal systems. The term is also used to distinguish the law that applies to private rights from the law that applies to criminal matters: our means civil law opposed criminal law, I must avowal that Iranian Islamic civil law influenced by French & German code; though our civil code different from them because we have great jurisprudence sources in civil law and according to the Iranian constitution all code must based on FIFG. Now I perfect talk about some topics as legacy and will, persons, Guardianship, Nationality, Domicile, Continuously Absent Persons, Marriage, temporary marriage, Dowry and Divorce.