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Comparative and Foreign Law

UAEU Law Journal

Private international law

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The Islamic Origins Of The Private International Law Apr 2021

The Islamic Origins Of The Private International Law

UAEU Law Journal

The Muslim writers divided the world into three areas: Dar AL-Islam, Dar AL-Harb, and Dar Al-Ahd; and they also divided the people into three categories: Muslims, Dhummis, and Mustamins (foreigners). It is necessary to mention that the political submission relation between the individual and the Islamic state (Dar Al Islam) has been founded, in principle, on religious basis (Jus religions), but this religious difference didn't prevent to extend the protection of Islamic state at Dhummis, they became as the subject of the state. As a matter of fact, if the nationality wasn't known by term, it would has been existing …


The Relationship Between The Obligation Concept And Conflict Of Laws Rule And Its Application In The Foreign Law Before The Judge “Unified Arabic Legislations Approach For Private International Law”, Mohammed Walied El-Masry Mar 2021

The Relationship Between The Obligation Concept And Conflict Of Laws Rule And Its Application In The Foreign Law Before The Judge “Unified Arabic Legislations Approach For Private International Law”, Mohammed Walied El-Masry

UAEU Law Journal

The mechanism of the conflict of laws of the private international law is based of the acceptance of the foreign law which is recognized by the national conflict of law rule, but the common trend of the jurisprudence and justice in the special international relations the foreign law is treated suspiciously and distrustfully; which in most cases the foreign law can be kept away by the judge for any of the following reasons either its conflict with the international public order excuse (this issue been widely explained)[1], or not applying such law due to the non …