Law Commons^™

Protection Of Debts Under Islamic Jurisdiction- صيانة المديونيات ومعالجتها من التعثر في الفقه الإسلامي, Prof. Dr. Mohammad Othman Shebair

UAEU Law Journal

This study deals with the Islamic figh methods concerning the doubtful debts issue affecting a considerable number of the contemporary financial institutions , with special concentration on the penalty clause applied by many contemporary laws, as when the creditor agreed to receive a Surplus payment from the debtor if the later fails to repay him on due time.

The Study shows that such clause is illegal if related to the debts and the surplus payment received by the creditor himself, because such action is considered no more than usury.

However the Surplus payment can be made to a welfare body, …

Significance Of Arbitration Islamic Jurisprudence-Dr. Abdul Majeed Al-Susuah

UAEU Law Journal

The significance of the concept of arbitration in Islam stems Form the fact that the verdict that the arbitrator reaches is considered binding for both adversaries. That is, his ruling cannot be rebutted, unless a legitimate justification calls for a rebuttal. Both adversaries can dismiss the arbitrator before he reaches his verdict. However, an opponent cannot dismiss the arbitrator after he listened to the case unless the other opponent agrees. The adversaries' approval of the arbitrator's decision is not required as long as it conforms with the Islamic Jurisdiction.

The convict has the right to file a petition, rebutting the …

Jurisprudence Statements Versus Conventions In Islamic Jurisdiction

UAEU Law Journal

The Shariah text should be understood in light of the linguistic and contextual meaning understood during the time in which the text was issued. There might be a partial or total conflict between the text and the conventions. We should examine whether this conflict is total. In case the conflict was total, this will lead to suspending the text and removing its rule, then the convention will be decayed (void) and it will not be permissible to use. But if the conflict is partial as when the text is general and is in conflict with the conventions in some of …