In this section researchers will find all related books to civil law including family law, civil procedure, commercial law and other regulations related to civil law.

Book 01  -  Family Law: A Description to Afghan Civil Law By: Abdul Basir Fayez

Title: Family Law: A Description to Afghan Civil Law

عنوان: حقوق فامیل: توضیحی بر قانون مدنی افغانستان

Author/s: Abdul Basir Fayez

Publication Year: 2009

Publication Place: Kabul

Publisher: Sayeed

Edition: Second

Call No: KN F540 .F39 2009

Language: Dari/Persian

Geographic Area: Afghanistan

Reference/citation/bibliography: The writer used accurate Hanafi Jurisprudence sources for description of Afghan Civil Law because the mentioned law is strongly based on Hanafi Fiqeh.

Audience: Recommended for all law students, especially those who registered for Family Law classes. I introduced this book for many students who had assignment about inheritance and family issues in Afghanistan.

Accuracy: This book looks accurate for many reasons. The author is an Afghan judge, used good sources for description of the book and he knows better because he has judicial experience in this field.

Special Feature: This book does not have any special features, the only thing could its descriptive genre.

Summary: The author explained all the articles of Afghan Civil Law related to family rights in the light of Islamic scholars’ ideas and simplified the legal expressions in a comprehensive way. One of the most difficult issues in understanding the mentioned law is its wording because it is mostly based on Arabic and Islamic terminologies, by reading this book students can understand the terminologies easily. 

The book does not have a special section for terminologies, but explained in the text.

Book 02  -  Max Planck Manual on Afghan Family Law By: Rastin, Kabeh Tehrani; Yassari, Nadjma

Title: Max Planck Manual on Afghan Family Law

Dari Title: حقوق فامیل افغانستان

Author/s: Rastin, Kabeh Tehrani; Yassari, Nadjma

Translated By: Qayumi, Mohammad Fahim

Publisher: Max Planck, funded by the German Foreign Ministry and the Commission of the European Union

Publication Year: 2011

Publication Place: [Kabul]

Edition:  Third with amendments

Call No: LAW KNF 542 .T44 2011

Language: English, translated to Dari

Reference/citation/bibliography: The book has bibliography

Audience: Judges of the Civil Divisions Courts, Civil Attorneys, law faculty and students

Geographic Area: Mainly Afghanistan, but a short comparison with other countries specifically Islamic assessed

Accuracy: The content of the book is accurate because of the authors and full supervision of the Max Planck Institute. Rastin, Kabeh Tehrani educated in Germany and she is a researcher, and Yassari, Nadjma owns a PhD in law

Special Features: The book does not have any special feature

Summary: The authors covered all aspects of Afghan Family Regulations; some of them are as follow: the history of family law in Afghanistan, engagement, marriage, expenses, alimony, monopoly and polygamy’s circumstance, mutual couple responsibilities and their children hostage. The issues of this book discussed in a comparison style of research between Afghan current and past laws. Also the topics supported from other Islamic regulations on the issue of family law, as well as International Conventions. 

Divorce and separation, two disputed issues in laws and Afghans tradition discussed based on the content of the current civil codes, Sharia and traditions.

Book 03  -  Family Law and Procedure Guideline on Family Law By: Group of authors

Title: Family Law and Procedure Guideline on Family Law

Author/s: A group of authors were assigned by the Global rights to complete this project

Publisher: Global Rights

Publication Year: 2012

Publication Place: [Kabul]

Edition:  Third

Call No: LAW KNF 540 .F34 2012

Language: English

Reference/citation/bibliography: The book has a bibliography

Audience: Law instructors and students who has only legal English knowledge

Geographic Area: Afghanistan

Accuracy: Content of the book looks accurate; it is a written work of the lawyers, judges and legal advisors

Special Features: Necessary forms for the registrations of marriage, advocates of the couples, witness of the marriage, and other forms that are using outside of the country in Afghan embassies for the purpose of the family affair registration and statistics.

Summary: The good points of this book are practically demonstrates the family rights in Afghan codes and the procedures of trial in case of disputes.

Sources of the Afghan family law which are the constitution, civil code and Sharia are lightly discussed. The responsibilities of the defense lawyers in handling the cases to the primary and appeal courts are important because the role of the advocates in following of the cases is not cleared so far to Afghans due to calling inter family disputes to such cases.

Book 04  -  The Mejelle By: C. R. Tyser, (Translator)

Title: The Mejelle

Author/s: C. R. Tyser, (Translator)

Publisher: The Other Press Sdn Bhd

Publication Year: 2007

Publication Place: Kuala Lumpur 

Edition: Second

Call No: LAW KKX 494 2007

Language: Arabic, translated to English

Reference/citation/bibliography: Does not have bibliography, but has index of subjects.

Audience: Law students, faculty and researchers especially those who study Islamic Civil Law

Geographic Area: Islamic countries  

Accuracy: The book is a set of Islamic rules in civil rights of Muslims based on Hanafi school of Islam.

Special Features: Does not have.

Summary: The Mejelle is the first written code in the history of Islam law that compiled by some Islamic scholars is the Figh Hanafi during the Islamic Empire of Turkish (Ottoman) between 1869 and 1876 in order to provide a code to facilitate the transactions and obligation between people in the area of Ottoman’s empire. This codification provided in its time a comprehensive and detailed regulation in the area of civil transaction and later on many Islamic states observed it and enacted their civil codes based on it, Afghanistan is an example of such countries.  

 

Book 05  -  Shari’a Law in Commercial and Banking Arbitration By: Abdul Rahman Yahya Baamir

Title: Shari’a Law in Commercial and Banking Arbitration 

Author/s: Abdul Rahman Yahya Baamir

Publisher: Ashgate

Publication Year: 2010

Publication Place: Farnham Surrey

Edition: First

Call No: LAW KMT 1829.B33 2010

Language: English

Reference/citation/bibliography: The book has bibliography and indexes

Audience: Lawyers and bankers

Geographic Area: Saudi Arabia  

Accuracy: Author used many valued resources and real arbitration cases

Special Features: Does not have

Summary: Islam has its own regulations in different area; one of them is banking and arbitration in Islamic societies that currently many Islamic countries observe them, although not at all. The author of this book seeks to explore, describe and analyze the regulation of Islamic banking and arbitration in  Saudi Arabia which is a Islamic country but does not represent the view points of all Islamic states in their regulations due variety of Islamic jurisprudences. Additionally, the author provided some comparative analyses in two other Islamic countries on banking and arbitrations which are the United Arab Emirates and Egypt.

This book also provided a historical perspective on arbitration and banking systems of Saudi Arabia through using examples of the contemporary and past settlements of the arbitrations in this country. The author used Saudi courts decisions and regulations in order to fully describe his topics.

At all, this book will help lawyers in Saudi and will give some idea to other lawyers and bankers who work in Islamic banking system.  

Book 06  -  Civil Procedure By: Nasrullah Stanikzai

Title: اصول محاکمات مدنی

Translated title: Civil Procedure 

Author/s: Nasrullah Stanikzai

Publisher: Sayed

Publication Year: 2012

Publication Place: Kabul

Edition: First

Call No: LAW KNF 1710 .S377 2012

Language: Dari

Reference/citation/bibliography: Bibliography is included

Audience: Mostly law students

Geographic Area: Afghanistan

Accuracy: The author is professor of law and taught this course for years

Special Features: The author provided discussion questions at the end of each section

Summary: Civil procedure, the body of civil code and set of rules that allow courts to follow them on adjudication of civil cases in courts. This book explains the steps of civil lawsuit from a simple claim to adjudication in courts step by step. Through reading this book the readers will become more familiar with the judicial process of civil adjudication in Afghanistan’s civil court system.

Book 07  -  Family and Succession Law in Pakistan By: Muhammad Shahid Malik

Title: Family and Succession Law in Pakistan

Author/s: Muhammad Shahid Malik

Publisher: Wolters Kluwer

Publication Year: 2012

Publication Place:

Edition: First

Call No: LAW KPL 540 .M35 2012

Language: English

Reference/citation/bibliography: Included bibliography and index

Audience: Lawyers and law students

Geographic Area: Pakistan

Accuracy: This book is part of a monograph that published on International Encyclopedia of Laws/Family and Succession Law

Special Features: Doesn’t have

Summary: An informative source which provides useful information to the family and succession law of Pakistan. The author introduces the family and succession related matters and codes of the Islamic Republic of Pakistan on marriage, divorce, adoption, foster, guardianship and administering institutions in Pakistan. The author first introduced the institutions and then analyzed them based on legal theories and current Pakistan’s family and succession laws.  

Book 08  -  The Law of Obligation By: Reinhard Zimmermann

Title: The Law of Obligation

Author/s: Reinhard Zimmermann

Publisher: Oxford University Press

Publication Year: 1990

Publication Place: Oxford

Edition: First                                                                               

Call No: LAW KJA 2512 .Z56 1990

Language: English

Reference/citation/bibliography: Included resources and indexes

Audience: Lawyers

Geographic Area:

Accuracy:

Special Features: Used variety of resources

Summary: The Law of Obligation, a great book written in terms of obligations which is included various topics sourced from Roman base, modern civil law doctrine and the less orderly common law. The readers and researchers in civil law will definitely find it useful and will admire it as a best resource. The author explained major subject matters of the law of obligations in this invaluable book that every lawyer need it when refer to the issues related to law of obligations.

 
 
 
 
 

The American University of Afghanistan Library

P.O. Box 458, Central Post Office, Darulaman Road, Kabul, Afghanistan

Tel:       +93 (0) 799 45 50 28 

Email:    library@auaf.edu.af

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