Digital Commons Network^™

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 …

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 …