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 …

A Sale Of Salam Sale Of Future Goods: A Comparative Study In The Jordanian Civil Coode And The English Law Of The Goods Sale, Nisreen Mahasneh

UAEU Law Journal

This research examines Salam Sale, which is a type of sale known under the Islamic jurisprudence, and provided for by the Civil Code of Jordan. The most important feature of this kind of sale is the non-existence of the subject matter of the contract, which is the Goods or the Mahal. For this particular reason, I chose to compare Salam Sale with the Sale of Future Goods under English law. Therefore, the research aimed first to define the concept of both Salam Sale and Future Goods Sale. Besides explaining the purposes of, as well as the merits …

Concept And Provisions Of Bodily (Physical) Changes: Analytical Study Of Jurisprudence, Abdullah Salem Al Taha

UAEU Law Journal

The research aims to set an important issue entails a lot of issues relating to ancient and modern cosmetic operations and other general medical operations.

In this study, I explained the meaning of the term of the bodily/physical change, which was referred in the Qur'an and Sunnah.

Afterwards, I have addressed the identity of the forbidden physical change and the opinion of Islamic jurisprudence scholars of it.

In conclusion, I dedicated a section for the most important contemporary issues that derive different facts as an application for bodily change

Removal Of Judges Between The Islamic Jurisprudence Perspective And The Algerian Legislature System, Mohammed Hamli

UAEU Law Journal

While exercising its functions, the magistrate might be facing an embarrassing case for the government. By result, he could be exposed to many pressures that could lead him even to be the subject of abusive dismissal in case he doesn't enact to its favor. For this reason we say that it is very necessary to guarantee a protection for the magistrates from such threats.

In this respect, we notice that the Islamic doctrine came first in stating rules that are related to the dismissal of the judges, by assigning the governor the power to take the decision to dismiss any …

A Shari'a Measures Against Arbitrary Divorce: A Comparative Fiqh Study In The Light Of Islamic Law And What He Has To Do In The Uae Personal Status Law )28/2005), May Salem Al Sheikh

UAEU Law Journal

Family related cases are of great complexity, of which divorce cases are some of the most critical. This is due to the increasing importance of the role of family in building society, and in view of the intensification of marital disputes which in turn have led to the spread of divorce in Arab societies, in addition to spouses’ abuse of the decision to divorce, which raises concerns about the resulting harm.

This research sheds the light on one type of family related cases in particular, which is the arbitrary abuse of the right to divorce which can cause negative impact …

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 …

Compensating For The Consequences Of Refraining From Engagement In Islamic Jurisprudence, Moroccan And Comparative Legislations, Dr. Idris Al-Taleb

UAEU Law Journal

The topic of theis research deals with the engagement stage, as it is a precursor to marriage and a way to establish it properly, which ensures a good choice of spouses, and the achievement of compatibility and interdependence between them. If the engagement is merely a date for marriage and not for marriage, then each of the suitors has the right to withdraw from it, and the other party has no obligation to complete it in recognition of the principle of freedom of marriage. However, it may cause harm to the offender, the offender, who is not responsible for it, …

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 …