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Sobhi R. Mahmassani (, January 29, 1909 – September 10, 1986) was a Lebanese legal scholar, practising lawyer, judge, and political figure helped to build the legal and civic foundations of the then-nascent country of
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
, and whose writings on
Islamic jurisprudence ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
remain authoritative works on this topic for legal scholars and researchers.


Personal life

Mahmassani was born in
Beirut Beirut ( ; ) is the Capital city, capital and largest city of Lebanon. , Greater Beirut has a population of 2.5 million, just under half of Lebanon's population, which makes it the List of largest cities in the Levant region by populatio ...
,
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
to Rajab Mahmassani and Aisha Khoja. He and his three male and five female siblings pursued higher education. In 1940, he married Ismat Abdul Kader Inkidar, with whom he had four sons: Ghaleb (1941), Malek (1944), Maher (1947) and Hani (1956). With the onset of the
Lebanese Civil War The Lebanese Civil War ( ) was a multifaceted armed conflict that took place from 1975 to 1990. It resulted in an estimated 150,000 fatalities and led to the exodus of almost one million people from Lebanon. The religious diversity of the ...
in 1975, Mahmassani struggled to maintain his professional activities in Lebanon and overseas as a legal consultant and international arbitrator. After 1983 his activities slowed down as he was diagnosed with
lung cancer Lung cancer, also known as lung carcinoma, is a malignant tumor that begins in the lung. Lung cancer is caused by genetic damage to the DNA of cells in the airways, often caused by cigarette smoking or inhaling damaging chemicals. Damaged ...
, of which he died in Paris, where he was pursuing medical treatment, on September 10, 1986.


Education

Mahmassani commenced primary and high school education in Beirut during World War I at the Preparatory School of the Syrian Evangelical College (now known as International College), a preparatory school for the American University of Beirut. He graduated from the high school in 1924 with high marks, and was designated valedictorian of his class. He pursued legal studies at the law school of
University of Lyon The University of Lyon ( , or UdL) is a university system ( ''ComUE'') based in Lyon, France. It comprises 12 members and 9 associated institutions. The 3 main constituent universities in this center are: Claude Bernard University Lyon 1, which f ...
in France from which he graduated with a License en Droit (law degree) followed by a doctorate in law in 1932. He joined the school of law of the
London University The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degr ...
and obtained bachelors in law degree in English law in 1935. As a result, he was well-versed in both French (Latin) and Anglo-Saxon legal traditions. Mahmassani was fluent in Arabic, English and French; he also had a reading knowledge of German.


Legal career

Mahmassani started his judicial career in 1929, during the French Mandate over Lebanon, as a court clerk while he was still pursuing his higher education. He served as judge at progressively higher ranks in various locations of Lebanon until he became counselor at the mixed court of appeals in Beirut (in that period, higher courts were presided by French judges). Following the independence of Lebanon, Mahmassani became president of the civil chamber of the court of appeals and cassation of Beirut, the then highest judicial instance in the country. Mahmassani took early retirement from his judicial career toward the end of 1946 to start a professional career as a lawyer. In early 1947, Mahmassani founded a law firm in Beirut and became an attorney. That career continued until his death in 1986. During that period, Mahmassani was appointed to lead a number of international arbitrations, some in highly visible cases.


Public life and political career

The Mahmassani family is noted for its contributions to public life. On May 6, 1916 (
Martyrs' Day Martyrs' Day are days observed in or by some countries, including the United States, Japan, India, Brazil, Canada and Australia, to recognise martyrs such as soldiers, revolutionaries or victims of genocide. Below is a list of various Martyrs' Days ...
), Sobhi's first cousins Mohammad and Mahmoud Mahmassani were publicly executed in what is now called
Martyrs' Square, Beirut Martyrs' Square ( ), historically known as "Al Burj" or "Place des Cannons", is the historical central public square of Beirut, Lebanon. Like the Marjeh Square, Martyr's Square in Damascus, it is named after the Martyrs' Day (Lebanon and Syria), ...
by
Jamal Pasha Ahmed Djemal (; ; 6 May 1872 – 21 July 1922), also known as Djemal Pasha or Cemâl Pasha, was an Ottoman military leader and one of the Three Pashas that ruled the Ottoman Empire during World War I. As an officer of the II Corps, he was ...
, the Ottoman
wāli ''Wāli'', ''Wā'lī'' or ''vali'' (from ''Wālī'') is an administrative title that was used in the Muslim world (including the Rashidun, Umayyad and Abbasid caliphates and the Ottoman Empire) to designate governors of administrative divis ...
of Greater Syria, because of their nationalist activities. In 1944, Mahmassani was appointed as member of the Lebanese delegation to the founding of the
Arab League The Arab League (, ' ), officially the League of Arab States (, '), is a regional organization in the Arab world. The Arab League was formed in Cairo on 22 March 1945, initially with seven members: Kingdom of Egypt, Egypt, Kingdom of Iraq, ...
in Alexandria, Egypt, in the capacity of legal advisor. In 1945, he was appointed as member of the Lebanese delegation to the founding of the United Nations in San Francisco, USA, in the capacity of legal advisor. His role was recognized in a 2013 exhibition at the
American University of Beirut The American University of Beirut (AUB; ) is a private, non-sectarian, and independent university chartered in New York with its main campus in Beirut, Lebanon. AUB is governed by a private, autonomous board of trustees and offers programs le ...
. Mahmassani contributed to the modernization of Lebanese legislation and the creation of state institutions through his participation in the higher committee appointed for that purpose by President
Fuad Chehab Fouad Abdallah Chehab ( / ; 19 March 1902 – 25 April 1973) was a Lebanese general and statesman who served as president of Lebanon from 1958 to 1964. He is considered to be the founder of the Lebanese Army after Lebanon gained independence f ...
upon his election as President of the Republic in 1958. In the
1964 Lebanese general election General elections were held in Lebanon between 5 April and 3 May 1964. Independent candidates won the majority of seats. Voter turnout was 53.0%.Nohlen et al., p184 Results References Lebanon General A general officer is an Officer (a ...
, Mahmassani was elected to a four-year term as member of the Lebanese Parliament representing the capital city Beirut. He did not seek re-election. In 1966, he was appointed minister of national economy in the Lebanese government presided by
Abdallah El-Yafi Abdallah El-Yafi (, also transliterated as Abdallah Yafi, Abdallah Bey Aref el-Yafi and other variants; 7 September 1901 – 4 November 1986) was the prime minister of Lebanon serving twelve times between 1938 and 1969. El-Yafi is consider ...
, a position he occupied until 1968.


Academic career

In parallel with his professional legal and political careers, Mahmassani had an academic career that spanned from the late 1930s to the late 1970s. He joined the faculty of the
American University of Beirut The American University of Beirut (AUB; ) is a private, non-sectarian, and independent university chartered in New York with its main campus in Beirut, Lebanon. AUB is governed by a private, autonomous board of trustees and offers programs le ...
in 1936 and continued until 1964; over which period he taught several courses, namely Roman law, the laws of the Arab countries and Islamic law. Around the same time, Mahmassani also joined the faculty of the law school of
Saint Joseph University Saint Joseph University of Beirut (; French: ''Université Saint-Joseph de Beyrouth'', commonly known as USJ) is a private Catholic research university in Beirut, Lebanon, founded in 1875 by French Jesuit missionaries and subsidized by the Go ...
in Beirut where he taught the comparative legal systems of the Arab countries. Mahmassani was a founder of the
Lebanese University The Lebanese University (LU; ) is the only state-funded public university in Lebanon. It was established in 1951. The university's main campus was originally located in Beirut, but a few satellite campuses were opened due to travel restriction ...
and its law school in the early 1960s; he was thus among its first professors teaching Islamic law. Mahmassani also joined the faculty of the law school of the
Beirut Arab University Beirut Arab University (BAU) () is a Lebanese private university mainly located in Beirut, Lebanon. It was founded by the Lebanese Waqf El-Bir wal Ihsan Society in 1960. The university's main campus is situated close to the southern entrance of ...
when it opened its doors in Beirut. Finally, Mahmassani taught law courses at the Military Academy in Lebanon. During a certain period, Mahmassani was lecturing at five universities. As part of his academic career, Mahmassani visited a number of countries to give lectures as a visiting professor (such as in the US, the Netherlands, Egypt, Pakistan, Iran, Tunisia) or as participant in international conferences (such as in the US, France, Italy, Egypt, Iraq). In particular, in the summer of 1966, he gave a series of lectures at the
Hague Academy of International Law The Hague Academy of International Law () is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, Netherlands. Courses are taught in English and French and, except for External ...
on International law and relations in Islam. He was elected as a Member of the Arab Academies of Damascus, Cairo and Baghdad. As a scholar of
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
, Mahmassani was noted for being open-minded towards other cultures and faiths, and is frequently quoted in discussions of ''Liberal Islam''. He actively participated in international conferences on cultural exchanges and inter-faith dialogue. Most notable were his participation in the
UNESCO The United Nations Educational, Scientific and Cultural Organization (UNESCO ) is a List of specialized agencies of the United Nations, specialized agency of the United Nations (UN) with the aim of promoting world peace and International secur ...
conferences in Florence, Italy (1950) and Paris, France (1953); the Colloquium on Islamic Culture in Princeton, US (September 1953); the conferences on Muslim - Christian cooperation in Tehran, Iran (1957) and Bhamdoun, Lebanon (1954). Citations to his work appear in many scholarly books and articles on Islamic law, e.g. ''Shari_a: Islamic Law in the Contemporary Context'', ''Islam in Transition, Muslim Perspectives'', and J. Schacht's ''An Introduction to Islamic Law''. His work on the legal aspects of human rights, from the perspective of different legal systems, is a source for scholars of international affairs. In a review, published in the ''Bulletin of the School of Oriental and African Studies'', of the first English translation of Mahmassani’s classic reference ''Falsafat Al-Tashri' Fi Al-Islām, The Philosophy of Jurisprudence in Islam'' (translated into English by Farhat Ziadeh), Anderson refers to Mahmassani as a "leading Lebanese lawyer of the modern school", stating "Professor Mahmassani has … a wide knowledge both of European and Islamic law; he has provided a number of admirable examples of such phenomena as changes in the law authored by early Caliphs or approved by classical jurists; his statements are well-documented; and his remarks…-and indeed most of his summary of the law of evidence are admirable." A number of honours have been awarded to Mahmassani in Lebanon and abroad in recognition of his contributions. Upon his passing in 1986, he was posthumously awarded the
National Order of the Cedar The National Order of the Cedar () is the highest Order (honour), state order of Lebanon, established on 31 December 1936. It is offered in five grades. History The Order was created on the 31 December 1936, but is regulated by the Lebanese C ...
by the President of Lebanon. Several obituaries and testimonials highlighting Mahmassani's influence as a legal scholar have appeared in Arabic publications; an English language biographical note appears in the ''Middle East Commercial Law Review''. A 25th Anniversary obituary was published (in Arabic) in the ''
Al Liwaa ''Al Liwaa'' () is an Arabic daily newspaper published in Lebanon and headquartered in Beirut. It is one of the leading Arabic dailies in the country. In addition, it is one of the oldest publications in Lebanon. History and profile ''Al Liwaa'' ...
'' newspaper.


Publications

Mahmassani authored books in Islamic law. A complete list of his books is included below. Their availability in libraries around the world is listed in
WorldCat WorldCat is a union catalog that itemizes the collections of tens of thousands of institutions (mostly libraries), in many countries, that are current or past members of the OCLC global cooperative. It is operated by OCLC, Inc. Many of the O ...
, which identifies 81 works in 160 publications in 7 languages and 645 library holdings. He also wrote articles in newspapers, magazines, and specialized periodicals, some of which are listed below. ;Books * ''Les Idées Economiques d'Ibn Khaldoun'' (The Economic Thought of Ibn Khaldoun), BOSC Frères, M. et L. RIOU, Lyon 1932. * ''Falsafat Al-Tashri' Fi Al-Islām'' (The Philosophy of Jurisprudence in Islam), Dar Al 'Ilm Lil Malayeen, Beirut, 1946. This book was translated into Urdu, Lahore, 1955 and into
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
, Tehran, 1968. * ''Falsafat Al-Tashri' Fi Al-Islām'', The Philosophy of Jurisprudence in Islam, Leiden, E.J. Brill, 1961, translated into English by Farhat Ziadeh. * ''Al-Naḍhariyya al-'Āmmah lil Mūjibāt wal 'Uqūd fi al-Sharīa'a al-Islāmiyya'' (The General Theory of the Law of Obligations and Contracts under Islamic Jurisprudence), Dar Al 'Ilm Lil Malayeen, Beirut, 1948. This book was translated into
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
, Tehran, 1961. * ''Al-Dustūr wa al-Dimuqrāṭiyya'' (The Constitution and Democracy), Beirut 1952. * ''Al-Mabādi' al-Shari'iyya wal Qānūniyya fil Ḥajr wa al-Nafaqāt wal Mawāreeth wal waṣiyya'' (Principles of Islamic Law Relating to Incapacity, Alimony, Inheritance and Wills), Dar Al 'Ilm Lil Malayeen, Beirut, 1954. * ''Al-Awdā'a al-Tashrī'iyya Fi al-Duwal al-'Arabiyya: Māḍeeha wa Ḥāḍiruha'' (Legal Systems in the Arab States: Past and Present), Dar Al 'Ilm Lil Malayeen, Beirut, 1957. * ''Muqaddima fī Iḥyā' 'Ulūm al-Sharīa'a'' (Introduction to Islamic Legal Studies), Dar Al 'Ilm Lil Malayeen, Beirut, 1962. * ''The Principles of International Law in the Light of Islamic Doctrine'', publications of The Hague Academy of International Law, Leiden, 1966 (extract from "Recueil des Cours", Volume 1). * ''Al-Qānūn wal 'Alāqāt al-Dawliyya fil Islām'' (International Law and Relations in Islam), Dar Al 'Ilm Lil Malayeen, Beirut, 1972. * ''Al-Da'ā'im al-Ḳhuluqiyya lil Qawāneen al-Shari'iyya'' (The Moral Pillars of Islamic Jurisprudence), Dar Al 'Ilm Lil Malayeen, Beirut, 1973. * ''Al-Awzā'i wa Ta'āleemuhu al-Insāniyya wal-Qānūniyya' (Al-Awza'i and his Humanistic and Legal Teachings) —Dar Al 'Ilm Lil Malayeen], Beirut, 1978. * ''Arkān Ḥuqūq al-Insān'' (Basic Concepts of Human Rights), Dar Al 'Ilm Lil Malayeen, Beirut, 1979. * ''Al-Mujāhidūn fil Ḥaqq, Tadhkirāt min Mālek ila al-Sanhūri'' (Jurists on the Path of Right, from Malek to Sanhoury), Dar Al 'Ilm Lil Malayeen, Beirut, 1979. * ''Al-Mujtahidūn fil Qaḍā', Muḳhtārāt min Aqḍiyat al-Salaf'' (Pioneers of Justice in Islam), Dar Al 'Ilm Lil Malayeen, Beirut, 1980. * ''Fī Durūb al-'Adāla, Dirāsāt fi al-Sharīa'a wal Qānūn wal 'Ilāqāt al-Dawliyya'' (Juristic Trends in Islamic and International Laws), Dar Al 'Ilm Lil Malayeen, Beirut, 1982. * ''Turāth al-Ḳhulafā' al-Rāshideen fil-Fiqh wal Qaḍā' ''(The Legal and Judicial Heritage of the Orthodox Caliphs), Dar Al 'Ilm Lil Malayeen, Beirut, 1984. * ''Al-Tarbiya al-Waṭaniyya'', a series of school books on civic education, authored in collaboration with professors Shafic Geha and George Shahla, Dar Al 'Ilm Lil Malayeen, Beirut, first published in 1946. ;Articles and lectures * Ibn Qayyim al- Jawziyya wa Nawāḥi a-Tajaddud fī Ijtihādihi (Aspects of Renewal in the Jurisprudence of Ibn Qayyim al-Jawziyya), published in the Review of the Arab Academy of Damascus, Volume 33, pages 363 to 381, 1948. * Al-Tashrī' al-Lubnani wa Aḥkām al-Waṣiyya al-'Āmma (Provisions Governing Wills in the Lebanese Legislation), published in the Review of the Arab Academy of Damascus, Volume 27, pages 198 to 206, 1952. * Al-Tashri' al-Islāmi wal Mujtama'a al-Hadīth (Islamic Law and Modernity), a lecture presented in connection with the Arab Studies Conference held at the American University of Beirut in 1951, published with the remaining lectures in Al-'Arab wal Ḥaḍāra al-Ḥadītha, Dar Al 'Ilm Lil Malayeen, Beirut, 1951, page 37. * The Law and the Modernization of Legal Systems in the Muslim Countries, a lecture given as part of the Colloquium on Islamic Culture in its Relations to the Contemporary World, held in Princeton, September 1953, Princeton University Press 1953. * Muḥāḍarāt fil Qānūn al-Madani al-Lubnāni, Āṭhār al-Iltizām (Lectures in Lebanese civil Law, the Effects of Obligations), lectures given at the Institute of Higher Arab Studies, Cairo 1953. * Muslims: Decadence and Renaissance - Adaptation of Islamic Jurisprudence to Modern Social Needs, published in The Muslim World 44 (3-4), 186-2-1, 1954. * Muḥāḍarāt fil Qānūn al-Madani al-Lubnāni, Intiqāl al-Iltizām (Lectures in Lebanese civil Law, the Transfer of obligations), lectures given at the Institute of Higher Arab Studies, Cairo 1955. * Transactions in the Shari'ah, published in Law in the Middle East, 1955. * Muḥāḍarāt fil Qānūn al-Madani al-Lubnāni, Al-Awṣāf al-Mu'addila li Āṭhār al-Iltizām (Lectures in Lebanese civil Law, Circumstances Affecting the Effects of Obligations), lectures given at the Institute of Higher Arab Studies, Cairo 1958. * Da'āim Aḥkām al-Usra fi al-Shara'a al-Islāmi (The Foundations of Domestic Relations in Islamic Law), published in Travaux et Jours, Volume 4, January/February 1962. * Qāḍi Quḍāt Baghdad wa Aṭharuhu fī al-Fiqh al-Islāmi (The Supreme Judge of Baghdad and his Contribution to Islamic Jurisprudence), published in the Review of the Arab Academy of Damascus, Volume 40, pages 117 to 136, 1965. * Al-Jihād wa Musawwiĝhātihi al-Shari'iyya (Jihād and its conditions of Legitimacy), published in the Review of the Arab Academy of Damascus, Volume 44, pages 309 to 322, 1969. * Adaptation of Islamic Jurisprudence to Modern Social Needs, published in Islam in Transition: Muslim Perspectives (183-185), 1982.


References


External links


A brief biography in Arabic

Symposium in honor of 25th anniversary of his passing, in Arabic

Naming of Sobhi Mahmassani Street in Beirut, in Arabic

Google Scholar profile
{{DEFAULTSORT:Mahmasani, Sobhi 20th-century Lebanese lawyers 1909 births 1986 deaths American University of Beirut alumni University of Lyon alumni Alumni of the University of London Academic staff of the American University of Beirut Academic staff of Saint Joseph University Academic staff of Lebanese University Academic staff of Beirut Arab University Scholars of comparative law Economy and Trade ministers of Lebanon Lebanese judges Lebanese legal scholars Jurisprudence academics Members of the Parliament of Lebanon Politicians from Beirut Recipients of the National Order of the Cedar