Law Commons^™

The Investigation Of Grievances (Al- Nazar Fi Al -Mazalim ) It's Rises , Development , And Jurisdiction A Study In The History Of Islamic Institution

UAEU Law Journal

During the late Umayyad period the (Caliph) had established a special procedure to deal with the complaints which had been presented to him, and in consequence had created the institution of (Al-Nazar fi Al-Mazalim), or the investigation of grievances. It had been developed into one of the most important office in the state.

There are some questions which had been raised in the literature on the subject by various authors regarding it's nature and origins. This articale tries to answer some of these questions by examining the rise of this institution and it's developments, and determine it's origins and judicial …

Meditations In The Administrative Disputes In The United Arab Emirates, Prof. Majed Ragheb Ei-Helw

UAEU Law Journal

The United Arab Emirates complies with the system of unified jurisdiction. But as a federal state, the judicial function is divided between the federal government and the Emirates. The constitution has defined the competence of the federal jurisdiction and left the rest to the Emirates ones. But all of the Emirates except Dubai and Ras Al Khaimah have joined the federal jurisdicaon.

The constitution confined the juridical supervision on the administration actions and specified the competence of the federal jurisdiction in the settlement of administrative disputes. The federal courts has put into effect federal legislations and general principles in order …

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 …

The Civil Liability Claim Arising Out Of The Infringement Of The Privacy Right A Study In Jordanian Private International Law, Nour Hamed Al-Hajaya

UAEU Law Journal

Protection of privacy right is vital. Therefore, the injured person is entitled to claim damages for any infringement of his privacy right. However, claiming damages face some difficulties pertaining to the determination of the competent court and the applicable law in case where the infringement involves a foreign element. This Article is devoted to tackle these two issues in two chapters and a conclusion. Chapter one will tackle the issue of competent court through the application of the criteria stated in Articles 27 and 28 of the Jordanian Law of Civil Proceedings on the International Jurisdiction of Jordanian Courts to …

The Rationale For The Executive Authority To Resort To The Judiciary, Mohamed Farouk Mohammed

UAEU Law Journal

Selecting the state for direct execution is not free from restrictions, as it is imagined; disobeying to every limit, but it has conditions and restrictions the executive power must fulfill before selecting this approach, the executive power recognized this matter recently, so it began to waive practicing this direct execution for condition it estimated in the light of general interest preferring resorting to jurisdiction firstly in spite of bad sense of some police administration that foreign from this field of law supremacy due to effects of this practice.

The administration may refuse resorting to administrative methods to exigent its right …

The Tax And Zakat Appeal System In The Kingdom Of Saudi Arabia: An Overview, Ahmed A Altawyan

UAEU Law Journal

The competent judicial authority for adjudicating tax disputes differs from state to state. Some laws allow general court’s jurisdiction to adjudicate tax disputes. Others allow administrative court’s jurisdiction over taxation and zakat disputes because one of the parties involved in most such disputes is the competent government authority vested with administrative decision-making powers for assessment and collection of taxes. Therefore, it is natural for the administrative judiciary to be vested with the adjudication of tax disputes. However, there is a different legal system in the Kingdom of Saudi Arabia (KSA) to address such disputes. This study examines the differences between …