Law Commons^™

Preemption According To Islamic Jurisprudence, The Uae Transactions Law And, The Jordanian Law: A Comparative Study, Mohammad Mahmoud Abu Lail

UAEU Law Journal

Islamic jurisprudence has dealt in-depth with the concept of Preemption. Preemption is derived from an established Islamic jurisprudentialmax that: damage is to be removed either by compensation or restitution.

The research aims at investigating and analyzing the concept of Preemption in Islamic jurisprudence, UAE Transaction Law and, Jordanian Law. It focuses on the following issues: definition of Preemption, its legitimacy, its nature and, attempts to expose various legal doctrines regarding Preemption

Compensation For Material Damage Resulting From Assault On Life In Islamic Jurisprudence (Fiqh) And The Applicable Emirati Law, Mahmoud Majid Al-Kubaissi

UAEU Law Journal

Original damage, namely the damage pertaining to location of damage (injury), such in terms of assault with a weapon leading to death, or amputation of one of his bodily parts (limbs), or wounding him/her, or incapacitates one of his bodily organs (limbs), or causes its disfiguration.

The material subsidiary damage: the damage consequent upon the original damage, such as: sustaining damage from a serious wound, which incapacitates him/her from work throughout the period of treatment.

When the blood money prescribed by the Legislator is not mandatory, and punishment is not necessitated (Qissas in Arabic Language) it may be observed …