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Droit des obligations et droit musulman

Abstract : The most various demands weigh upon mankind: of a moral or religious, social or political order, of a logical order. Demand in the shape of duty: towards deity, towards oneself, towards others. These obligations obviously do not fall within the province of the law. If the judicial is related to the normative, everything normative is not translated into law. The theme of the study:”Law of obligations and Muslim law” should not be perceived from the perspective of a parallelism that might exist between the two: that is to say a Muslim law of obligations which will be contrary to the law of classical obligations deriving from western legal systems, like the French one. The problem raised by the subject of this thesis is to know how countries proclaiming themselves of “Muslim law”, while greatly influenced by a western model, manage to create a hybrid law? In what ways, by which means, has Muslim law evolved? To answer these questions, it is interesting, if not necessary, to seek on a practical as well as a utilitarian level for the technical means which allow to combine the requirements of the moral rule with the constraints of contractual relations in general, of international trade and of modern economy.
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Submitted on : Thursday, May 2, 2019 - 8:07:11 AM
Last modification on : Friday, June 5, 2020 - 4:56:01 AM


Version validated by the jury (STAR)


  • HAL Id : tel-02103914, version 2


Boubacar Diop. Droit des obligations et droit musulman. Droit. Normandie Université, 2017. Français. ⟨NNT : 2017NORMLH07⟩. ⟨tel-02103914v2⟩



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