Digital Commons Network^™

Human Rights In Religions A Comparative Study Between Islam, Hinduism, And Magian Religion, Hamdi A. Al Sharqawi

UAEU Law Journal

Human Rights are an essential part of the cultural patterns of Human Societies. The issue has a dialectical relationship with social behaviors and political practices that expresses itself in ideas and thoughts, which imposes itself on politicians and political thinkers especially in Western Civilization as we see it in Medieval and contemporary history of the West. Today it has become the issue that engages the arena of our Contemporary Politics and Thought. It is not suprising to see our thinkers and political leaders engaged in discussing it in all its dimensions.

Since Religion is an important constituent of human culture …

The Legitimacy Of Woman Leading Men In Prayers, Ahmed Al-Suwai’I Shlibak

UAEU Law Journal

This research is dealing with the topic: “The legitimacy of a woman to lead men in the prayer”. The research is divided into an introduction and three subjects. The introduction contains the definition of Imamah (leadership) and the conditions that are required for the imam in the prayers. The first subject contains the rules for a woman leading men in prayers. The researcher observes this issue very carefully through discussing whether or not the woman has the right to become an Imam to lead the prayer, by showing the opinion of the scholars and their “daleels” (proofs) and discussing the …

The Roiling Of Binding The Rules Of Writing And Punctuating The Mushaf, Ahmad Shukria

UAEU Law Journal

This research explores the relationship between the spelling system of Arabic and the writing system of the Mushaf. Also it shows the usage of binding with the rules of the writing of the Mushaf.

The research explains the reasons behind the deviation in the writing of the numerous words in the Qur'an. These reasons are: the possible deviation in the original copies of Othmanic Mushaf , the differences in the copies which were copied from the original ones, the dispute among the narrators on what these copies contain and using analogy in the writing of some words in the …

The Ruling Of Staying Up In Islamic Jurisprudence

UAEU Law Journal

This research aims at clarifying and detailing the ruling concerning staying up awake at night in the Islamic sharia in light of the Sharia intentions and fundamental rules relevant to them. The most important rule is "what duty can be fulfilled with it". The rule of stopping execuses and rule of pairing between interests and disinterests.

The research concludes that staying up awake at night is divided into permitted and prohibited. As for detailing, it includes the five rulings of duty. It my be a duty if it is in guarding or a public interest for Muslims, etc.. It may …

Imama Al Moosly And His Efforts In Refutation And Substantiation Of Hadith, Abdelaziz Shaker Al-Kubaisi

UAEU Law Journal

Refutation and substantiation of Hadith is an Islamic discipline which aims at judging how sound the Hadith is Imam Al Moosly was a forerunner in this field. This paper deals with the life and contribution of this Islamic scholar whose personality was not investigated well cough by researchers. The paper also identifies the rules which he set for this vital discipline.

Islamic Jurisdiction Over Moslems In Non-Islamic Countries, Othman Jumaa Dhamiriya

UAEU Law Journal

The relationship between Muslims and Non Muslims increased in social, economic, and political spheres in the non-Islamic counties, especially after emigration of the Muslims there. Different issues appeared, some of which dealt with foreign relationship, and others with the limits of jurisdiction of Islamic state over the behavior of Muslims in Non-Islamic country. The Muslim jurists had discussed these matters before the positive law did under the title :( Dispute laws), and knew the proper rules that fit the matters.

The research concluded with the notion that the bases are the limitation of jurisdiction of Muslims state, and the submission …

Regulations Of Consumption In Islam, Omar Almarzoqi

UAEU Law Journal

This research deals with aspects of consumption in Islamic perspective, First we discussed the Islamic verses that interdict prodigality and overspending even within legal aspects if performed in excess. In addition, we went through Islamic verses that forbid consumption scrimping and under spending. We clarified that, the approach of Islam limits consumption to a middle-ground between parsimony and overspending. Allah Says "and the ones who, when they expend, are neither extravagant nor grudging; and between that is really an upright mean" (Al-Furqan; 67); as consumption in Islamic economy is broadly different from human economy.

Then, in the final part, we …

Dialogue Protocol In The Holy Quran, Mohamed Abdellatif Rajab

UAEU Law Journal

Whoever looks at the dialogues between Muslims and others in the last decades, will notice that the Muslim's side had suffered – until now – from the lack of protocol and theoretical procedures that control it and allow for organizing the experiences of the dialogue, develop it and come up with its lessons.

The holy Quran contains a complete perspective that is rich of various types of dialogues in different issues and between different sides. This is considered as enrichment, training fields and guidance for everyone who wants to open the dialogue door with anyone, in any issue and in …

Credit Cards

UAEU Law Journal

Credit cards are widely usedall over the world. Theyalmost have replaced currencies in transactions, payments, and in the fulfillmentall types of financialcommitments.

Credit card is an authorization from a bank to the holder of the card, which permits the holder pay for transactions, withdrawing cash and obtaining services.

Various types of credit cards are issued by banks (including Islamic banks) to their customers:

-Regular cards whichallow the holders to pay directly for transactions from his/ her account it is a payment method.

-Cards which do not require the holder to have credit or cash in the account. Interests are charged …

The Validity Of The Majlis Option In Islamic Jurisprudence, Ali Abdallah Abu Yehia, Ahmed Shehdeh Abu Sarhan

UAEU Law Journal

This research paper discusses the validity of the Council’s option or choice in Islamic legislation. This choice deals with the right of each party in a contract to dissolve the contract or carry it out as long as the parties involved are still in the meeting and have not physically disengaged or left the place of meeting.

This research paper includes an introduction, three chapters and a conclusion divided as follows. The introduction discusses the definition of this option lexically and conceptually. Next, the first chapter includes the differences among the scholars when it comes to this concept, the reasons …

Abuse Of Rights In Order To Harm Others Or To Get An Illegal Benefit In Sharia And Law, Ahmed Al-Suwai’I Shlibak

UAEU Law Journal

This research involves the topic of “ِAbuse in using rights with the intention of harming others or to realize illegalbenefits”. The research is divided into an introduction and four parts. The introduction contains the importance and goals of the research. The first part contains: the definition of abuse in Law and Shar’iah (Islamic Law) as well as the differences between them, and the absence of legalbenefit. The second part contains the rules that govern the intention behind harming others and its criterion. The aforementioned was agreed upon by Jurists and acts of Parliament (Positivelaw) which forbid harming others, its evidence, …

Profit In Sharing Partnership: Conditions, And Distribution In Islamic Legislation, Ali Abdallah Abu Yehia, Ahmed Shehdeh Abu Sarhan

UAEU Law Journal

This research tackles the issue of profit in sharing companies in terms of its conditions and distribution.

The research paper consists of an introduction, two chapters and a conclusion.

In the introduction I discuss the definition of both the profit and the sharing company

The first chapter focuses the conditions of profit in the sharing company.

The second chapter discusses the distribution of the profit in both the valid sharing company and the invalid sharing companies. It includes the points of view of the scholars, the reasons underlying their differences, their arguments and discussions,. I have included in the conclusion …

Role Of “Al Waqaf” Or Entailment In Sustainable Development, Abduljabbar Al-Sabhany

UAEU Law Journal

Sustainable development is the main economic goal of any Islamic society. This research aims to clarify the role of “Al Waqf” or entailment in ensuring the economic development of Islamic society and its social welfare. First, the research defines sustainable development from an Islamic view. Second, this research paper discusses the different types of Islamic entailment: philanthropic, progeny and public entailment and their role in developing the Islamic society. Thirdly, the paper discusses the investment nature of entailment. In the final section, the potential impact of entailment on social and economical life aspects is theoretically proven and the relationship between …

The Role Of Bankruptcy In Breaching A Contract*

UAEU Law Journal

All agreements or contracts are mandatory, and the main condition to mandate a contract such as a selling or renting contract is to be free of any of the options to justify the breaking of the contract by one or any of the parties. Some of these options are: the conditional option, the appointment option, the defect option, the inspection option, and the bankruptcy option. Therefore, if the agreement statement contains any of those options or any others, it is the choice of contractor to either accept or reject the contract. In fact, the contractors can use any of the …

Commitment Of Teachers In Times Of Educational Change: The Case Of Government School Teachers In Al Ain City, Fawzia Salah Aljneibi

Dissertations

Interest in teacher commitment is growing as a critical factor for the future success of education and schools. Committed teachers play a significant role in improving students’ achievement and positively building their identities. Teacher commitment is an essential consideration, particularly in times of change. This research is concerned with the topic of teacher commitment in Al Ain schools, Abu Dhabi. The objectives of this dissertation explored teachers’ levels of commitment during times of change in the Abu Dhabi Department of Education and Knowledge (ADEK) and related variables that could increase or decrease their commitment. This study utilized a quantitative research …

Social Problems And Their Solutions Through Al Noor Letters Of Badie Al Zaman Al Nawrasi, Mohamed Ahmed Malkawai, Naheel Ali Saleh

UAEU Law Journal

This study aimes to introduce AL Nourasi's lucubration in Rasayel AL Noor and his approach that deals with social problems by explaning their concept, sorts, explaining trends and ways of treatment. This study illustrates models of social problems which are studied in details by AL Nourasi. He explained their items, concepts and reason in dealing with many social problems such as: imitation, luxury, violence, poverty, racism and tyranny. The two researchers have used the Analytic Descriptive Approach that illustrates the phonemenon of social problems and their analysis by studying social problem texts written in Rasayel AL Noor in order to …

Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien

UAEU Law Journal

The paper discusses conflict resolution and management concepts provided earlier in literature. Then, using Islamic concepts and Guidance provided by the Quran, the paper shifts the perspective of conflict into a new dimension, considering diversity as the main root for our model. Diversity can be managed well to create synergy(Good outcome), or, if not managed properly, would drive to conflict which the author considers as the bad outcome of diversity , that is why the Quran regards conflict as the cause of failure. Finally, the paper introduces a new model for conflict management process based on Islamic concepts and the …

Perspective Of Islamic Law (Sharia) Towards The Liability Of Medical Malpractice, Mohammed Abdul Rahim Al Olama

UAEU Law Journal

In this brief study, I have addressed the view of Islamic Law (Sharia) towards liability in medical malpractice. I have cited the views of early scholars from the four schools of Islamic jurisprudence as well as contemporary ones and quoted decisions issued by the jurisprudential academies in reference to this important subject. Moreover, the study sheds light on the position of Sharia especially with the introduction of multidisciplinary modern medicine treatments and the increased likelihood of consequent medical malpractice.

It is noteworthy that the doctor's commitment to the rules and principles of the medical profession without negligence absolves him/her of …

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 …

Contracting With Self Under The Agency's Investment Product: A Comparative And Applied Study Based On The Kuwaiti Law, Ali Ibrahim Al-Rashed

UAEU Law Journal

The investment product, with the right to contract with one’s self, is considered one of many products that spread amongst the Islamic financial institutions. In the past, this subject was a matter of controversy between scholars. Nevertheless contemporary jurists do not contest the legality of the product. The study addresses this issue with in-depth research and details in terms of legitimacy and with what was observed by the Kuwaiti Law. The study consists of the following sections:

Section I: the rule of contracting with self from the sharia perspective.

Section II: the rule of contracting with self from the legal …

The Substantial Age Difference Between The Betrothed:, Dr. Hamza Abdelkarim Hammad

UAEU Law Journal

This Study aims to analyze the matter of the substantial age difference between the nuptials, in an attempt to accomplish two basic goals; namely: elaborate the position of Islamic Fiqh (jurisprudence) on this issue, and analyze the position of the Emirati and Jordanian personal status Laws toward this matter. The present Study adopted the descriptive analytical method including comparison and criticism, and it found that the jurists held two distinct positions; the first deems it necessary to have age compatibility, where one group among them considers it laudable and the other considers it as a condition; and the second one …

Labor Strike From The Perspective Of Jurisprudence (Fiqh) And Law, Hassan Mohammed Al-Rifai

UAEU Law Journal

This thesis is about thelabor strike in terms of the jurisprudence and law. It includes the following topics:  To define of the “labor strike” in terms of its jurisprudential and legal concept and adaptation.  To set forth the effects of the “labor strike” in terms of law on both, labor contract signed between the striking workers and their employer, and the employer’s obligations towards his customers.  To display and discuss the Islamic jurisprudence’s attitude towards the “labor strike” through indicating the opinion of a group of contemporary scholars who allows labor strike.  Then, to display and …

Prospective Jurisprudence The Concept, The Advantages, & Its Legal Instruments, Najmaldeen Al-Zanki

UAEU Law Journal

This study sheds light on "Fiqh Istishraf- Prospective Jurisprudence" in terms of its concept, advantages and foundational tools. It follows a deductive and analytical method to establish its definition, describe its legal outcomes and determine its tools. The study concludes with some important findings. It shows that the term "Fiqh Istishraf'" aims at the grasping of predictable benefits and the preventing of expectable evils. The proper space for it to apply is the scope of public law which dwells on future issues from a general nature. The main advantages of this method could be seen in: providing legal responses for …

The Subsidiary And Its Provisions In Islamic Jurisprudence And The Egyptian Civil Law Compared With The Uae Civil Transactions Law, Tahani Abu Taleb

UAEU Law Journal

In this research the author tempted to find a definition to "the subordinate" in the Egyptian civil law followed by a comparison to examples of the rule "التابع تابع" in the Islamic law with its counterpart in the Egyptian civil law. The result of this comparison is that, the Egyptian civil law has a large number of examples based on this Islamic rule, which means that it is possible to use this Islamic rule and the other ones as a mean of interpretation to the Egyptian civil law. Later in this research, the author compared these results with its counterpart …

Human Development Indicators From An Islamic Perspective, Prof. Kamal Tawfiq Hattab

UAEU Law Journal

This study aims to identify and evaluate the international human development indicators, from an Islamic economic perspective, which has been derived from the practices made by the Prophet, peace be upon him, in the field of human development, as well as to examine what is acceptable and what is unacceptable of the international indicators. In order to reach this goal, the research begins with the approach taken by the Prophet, peace be upon him, in the building and formation of the first generation of human resources, and then compare it all with the latest indicators for human development in the …

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 …

Liquidity Management In Islamic Banks, Abduljabbar Al-Sabhany

UAEU Law Journal

Liquidity management is concerned with the ability of the bank to finance the increase in its assets and to meet its obligations in cash on time without incurring unusual costs. Traditional banking has developed a contractual structure, a legislative environment and a set of financial instruments that enable commercial banks to achieve this requirement easily. The problematic of research lies in the difference of the nodal structure of Islamic banks, the shortage of their financial instruments, and in the lack of consistency of their activity with the legislative environment governing it. The study examined the mechanisms of liquidity management and …

ضوابط الخلوة الشرعية وأثرها في حقوق الزوجة المادية في قانون الأحوال الشخصية الإمارتي: دراسة فقهية تطبيقية د.علي حسين الجنيدي

UAEU Law Journal

تأتي هذه الدراسة لبيان الأحكام المتعلقة بالخلوة الشرعية الصحيحة وأثرها في تقرير المهر والنفقة في الفقه الإسلامي وما أخذ به قانون الأحوال الشخصية الإماراتي من الآراء، وما استقرت عليه الأحكام القضائية الصادرة عن محاكم دولة الإمارات العليا.

هذا، وقد اقتضت دراسة الخلوة الشرعية الصحيحة وأثرها في تقرير مهر الزوجة ونفقتها تمييزها عن الخلوة الفاسدة، بأن تُحقق ضوابطها وتحرر فقهياً؛ لتكون صالحة لتطبيقها على الوقائع المستجدة مع ضرب أمثلة عليها، ثم تقرير ضوابطها وفق رؤية المقنن الإماراتي، موظفاً المنهج الاستقرائي والتحليلي في ذلك.

ثم جاءت دراسة أثر الخلوة الصحيحة في تقرير كامل مهر الزوجة في أحد مطلبي المبحث الثاني، بتحقيق الخلاف …

Understanding Radicalization And Counter-Radicalization Communication In Social Media: A Twitter Analysis, Mansour Mohammed Sarhan Al Ameri

Philosophy Dissertations

The United Arab Emirates (UAE) government has made countless efforts to fight radicalization propaganda in cyberspace. However, cyber technology evolution and the smart use of social media in fostering terrorist activities and radical ideologies have posed big challenges. Numerous studies have tried to understand online radicalization communication strategies, but very few have investigated the effectiveness of counter-radicalization programs in the UAE and the world in general. This research aims first to understand the network, communication, and narrative characteristics of radicalization and counter-radicalization accounts on Twitter. It also aims to explore factors that influence engagements for both types of accounts. Lastly, …

Exploring English Teacher Beliefs And Actual Practice Of The Use Of Interactive Reading Strategies In Kindergarten Classes In Al Ain’S Schools, Saleha Saleh Al Harthi

Theses

This study aimed to investigate the beliefs of the kindergarten teachers in the UAE Ministry of Education on the assigned teaching and assessment reading strategies and to explore the implementation in teaching and assessment in Al Ain KG Literacy focus sessions. A questionnaire on teacher beliefs was distributed to 231 teachers in 26 Al Ain kindergartens and the convenience sample was conducted for this instrument. A random sample of 17 English teachers employed at 4 of the kindergartens was then observed for their implementation of reading strategies in the classroom. The participants were all from Al Ain city with at …