Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE STATE OF THE WRITING ON ISLAMIC AND MIDDLE EASTERN LAW
MIDDLE EAST LEGAL SYSTEMS by Sayed Hassan Amin, LL.M., Ph.D., A.C.I. Arb., Reader in Law at Glasgow College of Technology. Royston Ltd., Glasgow (1985, xv and 419 pp., plus 14 pp. Index). Hardback £30.
COMMERCIAL LAW OF IRAN by S. H. Amin, LL.B., LL.M., Ph.D., LL.D., F.I.A., Advocate of the Supreme Court of Appeal of Iran, Senior Associate Professor of Law, Glasgow College of Technology. Vahid Publications, Iran (1986, vii and 128 pp., plus 4 pp. Bibliography and 3 pp. Index). Hardback £15.
ISLAMIC LAW IN THE CONTEMPORARY WORLD by Sayed Hassan Amin, LL.M., Ph.D., M.B.I.M., A.C.I. Arb., Reader in Law at Glasgow College of Technology. Royston Ltd., Glasgow (1985, xv and 96 pp., plus 76 pp. Appendices and 12 pp. Index). Paperback £12.
COMMERCIAL LAW IN THE ARAB MIDDLE EAST: THE GULF STATES by W. M. Ballantyne, M.A., of the Inner Temple and Gray’s Inn, Barrister. Lloyd’s of London Press Ltd., London (1986, xii and 170 pp., plus 162 pp. Appendices and 7 pp. Index). Hardback £54.
The legal systems of the countries of the Middle East today exhibit a fascinating amalgam of traditional Islamic law (moulded over centuries, but variously amended) and secular laws based upon both common law and civil law models, though predominantly the latter. In each state the balance and reaction between Islamic law and secular law is different, and this gives the region an immense legal variety, while yet retaining enough points of similarity to enable valid comparisons to be made of the region as a whole.
Considering the financial and strategic importance of the Middle East in the contemporary world, it is astounding then how little writing there is (academic or practical) on both traditional Islamic law and modern Middle Eastern law. One potent reason for this is that there are very few Europeans trained as lawyers with a knowledge of Arabic, but it cannot be that alone. In the end one has to observe that comparative law study is extremely Eurocentric and that, until it can be demonstrated that Islamic law and modern Middle Eastern law have important contributions to make to comparative law (which they have), then it will probably remain a minor specialist (and even arcane) field.
Writing on Islamic law
Although Islamic law is one of the major legal systems of the world, deserving a place next to such systems as the Common law, the Civil law, Hindu law and Socialist law, there is a dearth of writing and academic interest on the subject in English. Most works tend to be by so-called Orientalists (Westerners with a knowledge of Arabic and Arab customs) and so are generally historical in treatment, with little or no comparative treatment. Thus, Schacht’s fundamentally important Introduction to Islamic Law (OUP, 1964) is almost incomprehensible (and practically useless) for the common lawyer.
Islamic law as a university subject has been sadly neglected. Roman law, for example, was
119