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LegalPhilosophy
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Article 20 of the Mecelle: Legal Analysis of the Principle “Damage Shall Be Removed”
Mecelle Article 20, “Damage shall be removed” (al-darar yuzal): meaning, Islamic law foundations and modern equivalents in compensation law.
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Article 5 of the Mecelle: Legal Analysis of the Principle “The Fundamental Principle is That a Thing Shall Remain as It Was”
Mecelle Article 5 (istishab): the presumption that a thing remains as it was, its effect on the burden of proof and modern…
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Article 17 of the Mecelle: Legal Analysis of the Principle “Hardship Begets Facility”
Mecelle Article 17, “Hardship begets facility”: meaning, Ali Haydar’s commentary and links to hardship and adaptation of contracts today.