View source for Abd El-Razzak El-Sanhuri

{{short description|Egyptian legal scholar (1895-1971)}}
{{Infobox officeholder
| name                = ‘Abd el-Razzāq el-Sanhūrī
| native_name         = {{lang|ar|عبد الرزاق السنهوري}}
| nationality         = [[Egyptians|Egyptian]]
| image               = Abd El-Razzak El-Sanhuri.jpg
| office              = President of the [[Egyptian Council of State]]
| president           = Himself
| term_start          = 3 March 1949
| term_end            = 29 March 1954
| predecessor         = Kāmil Pasha Mursī
| successor           = ‘Alī al-Sayyid
| office2             = Minister of Education
| term_start2         = 24 February 1945
| term_end2           = 15 February 1946
| predecessor2        = [[Mohammed Hussein Heikal]]
| successor2          = Muḥammad Ḥasan al-‘Ashmawi
| term_start3         = 9 December 1946
| term_end3           = 2 March 1949
| predecessor3        = Muḥammad Ḥasan al-‘Ashmawi
| successor3          = Aḥmad Mursī Badr
| office4             = Under-Secretary of Education
| term_start4         = January 1942
| term_end4           = March 1942
| office5             = Dean of the Law Faculty at the Egyptian National University (Cairo University)
| term_start5         = 8 October 1936
| term_end5           = 15 October 1937
| birth_date          = {{Birth date |1895|8|11|}}
| birth_place         = [[Alexandria, Egypt]]
| death_date          = {{death date and age|1971|07|21|1895|8|11}}
| death_place         = [[Alexandria, Egypt]]
| party               = {{unbulleted list
 |{{longitem|[[Saadist Institutional Party]]<br>(1937–1949)}}}}
| alma_mater          = Khedival School of Law, Cairo <br/> University of Lyon ([[PhD]])
}}

'''Abd el-Razzak el-Sanhuri''' or '''‘Abd al-Razzāq el-Sanhūrī''' ({{langx|ar|عبد الرزاق السنهوري}}) (11 August 1895 – 21 July 1971) was an Egyptian [[jurist]], law professor, judge and politician. He is best remembered as the primary author of the revised [[Egyptian Civil Code]] of 1948. El-Sanhūrī's multi-volume masterwork, ''Al-Wasīṭ fī sharḥ al-qānūn al-madanī al-jadīd'', a comprehensive commentary on the Egyptian Civil Code of 1948 and on civil law more generally, published during 1952-1970, remains in print and is highly regarded in legal and juristic professions throughout the Arab world. El-Sanhūrī was Minister of Education in the Cabinet of [[Mahmoud El Nokrashy Pasha]] from 1945-1946 and again from late 1946 to 1948.

He was subsequently appointed as President of the Egyptian Council of State. El-Sanhūrī's tenure as President of the Council of State lasted until 1954, when he was dismissed by coercion. He has been described as "a personality of unique embroidery, never to reoccur".<ref>{{cite journal|title='Abd al-Razzāq al-Sanhūrī: al-rajul al-lathī faqadnāh|journal=Al-Fikr alMu'āṣir|author= al-Jamī‘ī, ‘Abd al-Bāsit |volume=78|pages=99–104|year=1971}}</ref> An avowed advocate of Arab unity, el-Sanhūrī was notably active in the legal and institutional reforms of different Arab countries throughout most of his adult life. He presided over a committee which drafted the Iraqi [[Law of Iraq#Civil Code|Civil Code]], while at the same time serving as dean of the Baghdad Law School, from 1935 to 1937. He also contributed to a drafting project of a Syrian civil code throughout the early 1940s. El-Sanhūrī also drafted various public and private laws of Kuwait, Sudan, Libya and Bahrain.

==Early life and education==
El-Sanhūrī was born on 11 August 1895 in Alexandria. His father, who, by the time of el-Sanhūrī's birth, had lost his fortune, worked as a 'minor' employee at the Alexandria Municipal Council.<ref>{{cite book|title=l-Duktūr ʿAbd al-Razzāq al-Sanhūrī: Islāmiyyat al-Dawla Wa al-Madīna Wa al-Qānūn|publisher=Dār al-Salāma|author= ʿAmāra, Muḥammad | page=17|year=2009}}</ref> el-Sanhūrī had six other siblings. His father's passing in 1900 aggravated the family's destitution. El-Sanhuri obtained his secondary school certificate from the ʿAbbāsiyya in 1913 and then joined the Khedival School of Law (later the Faculty of Law at [[Cairo University]]) where he obtained his BA in 1917. He was subsequently assigned to the position of Deputy Prosecutor at the National Court of Mansura which he retained until 1919, when his incitement of riots during the [[Egyptian Revolution of 1919]] led to his dismissal. After this, el-Sanhūrī briefly worked as a teacher in ''Madrasat al-qadā ash-shariyya''.<ref>{{cite book|title=Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno|author= Castro, Francesco|page=176|year=1984}}</ref> In 1921, el-Sanhūrī moved to [[Lyon, France]] to obtain his doctorate. During that time, he undertook research under the French jurist Édouard Lambert. El-Sanhūrī returned to Cairo in 1926 to take up a position as a teacher of civil law at his ''alma mater''.

==Cairo and Baghdad in the 1930s==
After spending eight years as a teacher of civil law at the Faculty of Law in Cairo, el-Sanhūrī moved to Baghdad in 1935, where he became dean of the Baghdad School of Law. In February 1936, [[Rashid Ali al-Gaylani]], then the Minister of Interior, put together a committee of jurists for the drafting of an Iraqi Civil Code, which he tasked el-Sanhūrī with presiding over.<ref>{{cite book|title=Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno|author= Castro, Francesco | page=187|year=1984}}</ref> Interruptions brought about by the [[1936 Iraqi coup d'état]] and strong opposition from Islamists brought the project to a halt. In 1937, el-Sanhūrī returned to Cairo. Around this time, he interacted with secessionists of the [[Wafd Party]] and joined the [[Saadist Institutional Party]].

==The Egyptian Civil Code==
In late 1938, after two drafting committees were abandoned, the Egyptian Minister of Justice Aḥmad al-Khashaba determined that drafting of a civil code would be "best accomplished by two individuals", and proceeded to select el-Sanhūrī and his old mentor, Lambert, for the task. The first draft of the Egyptian Civil Code was completed in 1942. Various administrative hold-ups and legislative procedures resulted in the Code being promulgated on 15 October 1949.

==The Iraqi and Syrian civil codes==
In 1943, el-Sanhūrī left Egypt to help draft the civil code of Iraq anew. This time, the attempt at drafting a code was more favourable; an Iraqi Civil Code which combined the ''Majalla'' and the Egyptian Civil Code as its sources was promulgated in 1951 (but only came into force in 1953). El-Sanhūrī also visited Syria, at which time he contributed to the drafting of a civil code. His contribution, however, was cut short by his return to Cairo in 1948. Moreover, the articles which he drafted were eventually dropped in favour of the draft which, at the instructions of [[Husni al-Za'im]], more or less mirrored the Egyptian Civil Code.<ref>{{cite journal|jstor=3381555|title=Civil Codes of Arab Countries: The Sanhuri Codes|journal=Arab Law Quarterly|author=Saleh, Nabil | volume=8|issue=2|pages=161–167|year=1993|doi=10.1163/157302593X00050}}</ref>

==President of the Council of State==
In March 1949, el-Sanhūrī accepted the position of presidency at the Egyptian Council of State. His tenure coincided with the [[Egyptian revolution of 1952]]. Power struggles between [[Mohamed Naguib]] and [[Gamal Abdel Nasser]] eventually brought the Council of State to the attention of the military.  During March 1954, when the Egyptian Bar Association made demands for a return to civil government, el-Sanhūrī, whose opposition to military rule had by that time become clear, was forcibly dismissed. Widespread demonstrations ensued. The [[Egyptian Revolutionary Command Council|Revolutionary Command Council]] insisted that the transition system of governance would stay in place.<ref>{{cite journal|title=Al-Sanhuri and Islamic Law: The Place and Significance of Islamic Law in the Life and Work of 'Abd al-Razzaq Ahmad al-Sanhuri, Egyptian Jurist and Scholar, 1895-1971 [Part II]|journal=Arab Law Quarterly|author= Hill, Enid |volume=3|issue=2|pages=9182–218|year=1988}}</ref> According to Farhat Ziadeh, a mob instigated by "some army elements" assaulted el-Sanhūrī.<ref>{{cite book|title=Lawyers, the Rule of Law and Liberalism in Egypt|publisher=Hoover Institution on War Revolution and Peace|author= Ziadeh, Farhat | page=156|year=1968}}</ref> One explanation put the assault to a publication by ''Al-Akhbār'' newspaper claiming that the Council of State "was about to issue decrees against the Revolution . . . (and) it had been rumoured that Dr el-Sanhuri was to become Prime Minister for the four months until the election of a constituent assembly".<ref>{{cite book|title=al-Haraka al-siyasiyya fi misr min thawrat yūlyo 1952 ila azmat mars 1954|author= Shakra, Gamal| page=590|year=1985}}</ref> When Nasser called at the hospital in which el-Sanhūrī was receiving treatment for the injuries he sustained from the assault, el-Sanhūrī refused to see him. It is often claimed that el-Sanhuri was unable to leave Egypt following this incident. It is unclear whether el-Sanhūrī was placed under any house arrest. He is known to have briefly resided in Kuwait during 1959–60 to assist Kuwaiti legislators and politicians in different legislative projects.<ref>{{cite web|url=http://www.helplinelaw.com/law/kuwait/articles/labeed%20abdal/article1.php|title=Civil Codes of Arab Countries: The Sanhuri Codes|author=Saleh, Nabil|access-date=2008-10-24| archive-url= https://web.archive.org/web/20081207013537/http://www.helplinelaw.com/law/kuwait/articles/labeed%20abdal/article1.php| archive-date= 7 December 2008 | url-status= live}}</ref> It has also been suggested that he visited Libya once again around that time (having briefly visited it for the first time in 1953) to assist in drafting and legislative exercises.<ref>{{cite book|title=Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno|author= Castro, Francesco|pages=203–204|year=1984}}</ref>

==Later life==
Most of el-Sanhūrī's later life was dedicated to the writing and publication of further volumes of ''Al-Wasīṭ''. Nevertheless, in 1959, he was appointed, to Nasser's displeasure,<ref>{{cite book|title=Studi in onore di Francesco Gabrielli bel suo ottantesimo compleanno|author= Castro, Francesco|page=203|year=1984}}</ref> as the director of the legal department at the Arab League's Institute of Arab Research and Studies (IARS) in Cairo, now administered by the [[Arab League Educational, Cultural and Scientific Organization]]. El-Sanhūrī taught a course in comparative Islamic and Western law at the IARS.<ref>Wood, Leonard. “Al-Sanhuri’s Theory of Rights in Islamic Jurisprudence: The Final Act of Franco-Egyptian Comparative Law.” ''The Maghreb Review'', 45, no. 1 (2020), 856-895, 873; 'Imara, Muhammad. (1999). ''Al-Duktur 'Abd al-Razzaq al-Sanhuri: islamiyyat al-dawla wa-l-madaniyya wa-l-qanun''. Cairo: Dar al-Rashad, 62-65.</ref> In 1970, on advice of Cairo University, [[Alexandria University]] and [[Ain Shams University]], the Egyptian state awarded el-Sanhūrī its prize for social sciences and culture.<ref>Arthur Goldschmidt, ''Biographical Dictionary of Modern Egypt'', Lynne Rienner Publishers: 2000, p. 181</ref> El-Sanhūrī died on 21 July 1971 at his home in Alexandria, and was buried in [[Heliopolis, Cairo|Heliopolis]], Cairo.<ref>Wood, Leonard, “Sanhuri, ʿAbd al-Razzaq Ahmad al-.”  {{cite book |date=2 February 2012 |title=Dictionary of African Biography |url=https://books.google.com/books?id=39JMAgAAQBAJ&q=sanhuri+died+july+1971+african+dictionary&pg=RA4-PA268 |publisher=OUP USA |page=268 |isbn=9780195382075 }}</ref>

==Method==
El-Sanhūrī's major contribution to modern Arab legal and intellectual thought is his method of modernizing Islamic ''[[fiqh]]'' and ''[[sharia]]'' by reconciling rules and laws within Islamic ''[[Madhhabs]]'' with modern European jurisprudential concepts. The reason he resorted to European [[civil law (legal system)|civil law]] and Western jurisprudence was not on identitarian or colonial premises,  rather, it was on account of their highly elaborate and intellectualised character. This reconciliation is predicated upon an important distinction. According to el-Sanhūrī, the process of elaborating law and dispensing justice can only rightly operate when the ''[[ulama]]'' and the jurists are substantively distinguished: whereas the ''ulama'' are responsible for elaborating ''[[ibadat]]'', that part of Islamic law which pertains to rituals and worship, and must therefore be confined to the religious parts of ''fiqh'', the jurists proper concern themselves with the temporal and particular (i.e. variable) parts of ''fiqh'' and ''sharia''. This would allow jurists, judges and law-makers to keep 'modern' Arab justice from being wholly subordinated to Islamic theology while drawing on Islamic legal principles all the while. In this way, justice would remain faithful to its historic roots but with an invariable view of reaching humanistic ends; particularly when state legislation, the ''sharia'' and traditional customs all fail to find a solution to one or more legal or juridical problems.<ref>Abd Al-Razzak Al-Sanhuri, Egyptian Civil Code, Article 1, 1949, ''«in the absence of any applicable legislation, the judge shall decide according to the custom and failing the custom, according to the principles of Islamic Law. In the absence of these principles,'' '''the judge shall have recourse to natural law and the rules of equity'''''.»''</ref> The tenets of El-Sanhūrī's philosophy are unity and experience; as he explains in ''Le Califat'', a careful balance must be achieved between both:

{{Quote
|text=It will be prudent, in reducing modernized Muslim law to legislative expression, to have recourse to formulas flexible enough to allow for the adaptation of the system by the courts to the changing needs of court practice through following the general guidelines set out by doctrine. It will also be desirable that a relative unity of vision guides the legislators of different Muslim countries, which will happen by the very force of the pursuit [of sources], since they will draw all the first inspirations of their legislative work from the same source, Muslim doctrine; but it will of course also be necessary to take into account the particularities of the economic life of each country... The existence of a common ground of ideas between the various [jurisdictional] laws would render conflicts of laws less acute, widen the field of activity of lawyers in Muslim countries, and give more solidity to the creative work of the jurisprudence of the courts, which, in each of the Muslim countries, could benefit from the judicial experiments carried out by the related case law.<ref>{{cite book|title=Le Califat|author= al-Sānhūrī,‘Abd al-Razzāq al-Sanhūrī | pages=578–584|year=1926}}</ref> 
}}

==Academic commentary==
One commentator argued that el-Sanhūrī's codes reflected a "hodgepodge of [[Socialism|socialist doctrine]] and sociological jurisprudence."<ref>[http://www.ingentaconnect.com/content/brill/ils/2001/00000008/00000002/art00003 Amr Shalakany, "Between Identity and Redistribution: Sanhuri, Genealogy and the Will to Islamise," ''Islamic Law and Society'' (8): 201-244, 2001]</ref> Other commentators have pointed out that his place in the legal history of the modern Middle East is nevertheless secure; indeed, his ''Al-Wasīṭ'' "adorns the bookshelves of many an Arab law firm, even in countries where the Egyptian Civil Code is not law".{{citation needed|date=June 2021}}

==Works==
*''Les restrictions contracluelles a la liberle individuelle de travail dans la jurisprudence anglaise'', Paris: Marcel Biard, 1925.
*''Le Califat'', Paris: Librairie Orientaliste Paul Geuthner, 1926.
*''Al-'Aqd al-ijar''. Cairo, 1930.
*''Nazariyyat al-'Aqd''.  Cairo, 1934
*''Al-Mujiz fi al-nazariyya al-'amma lil-iltizamat fi qanun al-madani al-misri''. Cairo, 1936.
*''Al-Wasīṭ fī sharḥ al-qānūn al-madanī al-jadīd''. (10 volumes) Cairo, 1952–1970.

==References==
{{Reflist}}

==Bibliography==
*[[Enid Hill|Hill, Enid]], ''Al-Sanhuri and Islamic Law'', ([[1987 in literature|1987]]), {{ISBN|977-424-170-3}}.
*[[Guy Bechor|Bechor, Guy]], ''The Sanhuri Code, and the Emergence of Modern Arab Civil Law (1932 to 1949)'', Brill, ([[2007 in literature|2007]]), {{ISBN|90-04-15878-2}}, {{ISSN|1384-1130}}.
*[[Annelise Riles|Riles, Annelise]] (ed.), ''Rethinking the Masters of Comparative Law'', ([[2001 in literature|2001]]), {{ISBN|1-84113-289-6}}.
*[[Amr Shalakany|Shalakany, Amr]], ''Between Identity and Redistribution: Sanhuri, Genealogy and the Will to Islamise'', in ''[[Islamic Law and Society]]'', Vol. 8(2), 2001, {{ISSN|0928-9380}}.

{{Authority control}}

{{DEFAULTSORT:Sanhuri, Abd El-Razzak El-}}
[[Category:1895 births]]
[[Category:1971 deaths]]
[[Category:Egyptian jurists]]
[[Category:Egyptian Muslims]]
[[Category:Muslim anti-fascists]]