Au croisement des cultures de droit occidentale et musulmane

Viac o knihe

This work illuminates the unique synthesis achieved by the charismatic legal creator, David Santillana. When the German Civil Code (BGB) was established in 1900, the French protectorate tasked him with crafting the Code des obligations et des contrats for Tunisians, merging the judicial rationality of the West with the legal thought of the Islamic-Arabian world. This intersection of legal cultures reveals an understanding of Islamic law within the framework of Occidental codification, which has been appropriated by the dominant Ulama group. The code incorporates hybrids of Islamic law alongside the juristic forms of German, Swiss, and especially French law. Consequently, this historical case serves as a "Lehrstück" of the encounter and conflict between legal cultures, a theme that grows increasingly relevant in our globalized age. The examination of this synthesis highlights the complexities of integrating diverse legal traditions and the implications of such interactions in contemporary society. As globalization continues to shape legal landscapes, the study of this unique legal framework offers critical insights into the dynamics of cultural exchange and the evolution of law.