Law Commons^™

The Rules Of Larceny In Islamic Law B Y Dr. Mohammad Jabr Al-Alfi

UAEU Law Journal

The rules of larceny in Islamic jurisprudence were critized on the ground that they were contrary to human rights norms recognized by the Western civilization. This criticism was produced by the practical application of these rules in some Islamic countries. The objection to these rules, perhaps, came as a result of 'the speedy enactment of legislation, which did not take into consideration all the rules and precepts dealt with by the different schools of thought in Islamic jurisprudence. Such practice by such States is incompatible with the legislative policy of Islam and resulted in the narrow conception and application of …

Categories Of Militarized Civilians And Provision For Killing Thereof Upon Relinquishing Fighting

UAEU Law Journal

The paper initially indicates that Islamic jurisprudence enchase terminology equivalent to the more recent term "Civilians". Among such terms are: non-fighters, those militarized infidels whose killing is prohibited; military personnel being infidels belonging to a state infidel, in war with Muslims.

For an infidel to be labelled "military", it is not a must that he be a fighter or warrior for some are such, and some are not (such as women and children). Jurists (scholars) have agreed to the legality of killing any infidel fighting Muslims in any form of real or moral war, such as supplying arms, money or …

Determination Of Descent And Inheritance By The Heir Through Genetics In Islamic Jurisprudence With Reference To The Uae Personal Status Law, Aref Hassouneh

UAEU Law Journal

A man may marry a woman by a verbal contract and then abandon his wife and child back to his country to remarry and create a new family; forget his first family. A man may marry a second wife secretly from his first wife and children, so that no problems will arise, and the man may have a son of adultery recognized in the disease of death in front of his legal children, and then die. In such cases, the heir may appear unknown, then some of the heirs recognize him and others deny him. What is the ruling in …

The Legality Of A Comprehensive Maintenance Contract Between Al-Gharar (Risk/Uncertainty) And Jurisprudential Need: An Analytical Purposive Study., Maher Haswa

UAEU Law Journal

The comprehensive maintenance contract is a type of contemporized contracts to which the general rules of contracts apply. Under the contract, one party has the obligation, periodically and in emergency cases, to perform the necessary acts to keep a certain property in a good condition for its use. The contract also states the agreed wages, tools and raw materials.

Many scholars have been reluctant to rule for the legality of the comprehensive maintenance contract because it involves uncertainty. This led the Islamic Fiqh Academy to postpone its ruling on the contract for more studies. Therefore, this research analyses the effect …

Judicial Guarantees For Trial In Absentia: A Comparative Study On The Kuwaiti Procedural Law

UAEU Law Journal

indicated while giving a judgment in absentia, such guarantees designed to achieve justice between the litigants and safeguard the right of the absentee, as well as drawing a comparison with the Kuwaiti law. The study consists of an introduction, preface, four chapters and a conclusion. The chapters addressed the issue of judgment in absentia from the standpoint of the Islamic jurisprudence and the disagreement arose among then, evidence, discussions and counterbalancing, it involved seven guarantees, it also tackled the guarantees of the justice secured by the Kuwaiti law to the absentee, it involved five guarantees, then came the conclusion, in …