Law Commons^™

The Right To Procreate For Married Couples - حق الزوجين في الإنجاب, Dr.Ali Khattar Shatnawi

UAEU Law Journal

The right to reproduction (giving birth) is considered a sacred right for the spouses with the aim of forming an integrated and cohesive family.

It is a natural extension of the right of both marriage and life alike.

Therefore, international conventions and declarations and local constitutions were keen on guaranteeing and safeguarding it. This right is a common one for both spouses. Who should be able to control the reproduction preocess and monitor it in order to have the number of children they are looking for and willing to up-bring and educate? However. Exercising such right is not absolute since …

Public Interests And Their Contemporary Applications On The Family

UAEU Law Journal

This manuscript consists of an introduction, two sections and a conclusion. The first section was devoted to the definition, conditions, and reality of public interests. The following conclusions were reached.

1- A public interest was defined as an issue that was not defined or identified in the legal sources, or one which was neither approved nor rejected by legal texts.

2- Adopting public interests must be controlled by a number of conditions:

a) The public interest should be reasonable by itself. It has nothing to do with the ritual acts.

b) It should not contradict any source of legislation.

c) …

Restraint Of Polygamy In Jurisprudence And Law: A Comparative Study, Qais Abdul Wahab Issa

UAEU Law Journal

Polygamy is a subject addressed in Sharia that has been established by the Holy Quran and the Prophetic Sunnah. Islamic jurists have debated about this subject in terms of its obligation, permissibility and revocability. To enjoy this right, a man has to be obligated to the legal controls, such that he should be able to maintain more than a wife. Moreover, this person is to take into account social, economic, psychological and health-related aspects of his life and make sure that he is able to maintain justice between all his wives. Furthermore, the man must have no more than four …

Legislative Drafting Of The Pillars Of The Marriage Contract In The Civil Status Law Of Oman: A Comparative Study, Ahmad Yasin Alqaraleh, Mohammed Ali Al-Omari

UAEU Law Journal

This study addresses the legislative drafting of the pillars of the marriage contract under the civil status Omani law, in terms of consistency and coherence between the provisions of the law as a result of its drafting. The study found that the current drafting led to some contradictions between the provisions of the law, and that the language of some of its articles lacks the control and determination resulting in confusion in its application. As such, this study has provided a number of recommendations to remove the contradictions and conflicts between the provisions of this law

The Grounds For Divorce For Christians: A Comparative Study With Islamic Law/Shari’Ah And The Personal Status Law Of Jordan For 2010, Maher Ma’Rouf Al Naddaf, Ra'ed Ali Al Kordi

UAEU Law Journal

This study is about reasons for divorce according to Christianity in comparison to Islamic Law/Shari’ah and the New Jordanian Personal Status Law of 2010. The study includes two chapters, while the first one defines divorce and its ruling “hokom” according to Shari’ah and Christianity, the other chapter of the research studies reasons for divorce for Christians, and how Shari’ah and the Jordanian Personal Status Law interpret these reasons. The study concludes that most of the divorce reasons in Christianity are already there in Shari’ah and the Jordanian Law, which is based on this magnificent Shari’ah. It also reveals that …

Mediation Is A Means Of Settling Family Disputes: Study On The Jordanian Personal Status Law, Mohamed Khalaf Bani Salama

UAEU Law Journal

The mediation gained great interest recently by jurists and scholars in order to search for the best ways to relieve on the convict and liabilities alike, the mediation association has resulted in all fields of life, especially in family life.

This study examined about the history of mediation, identity, types, advantages and objectives of the mediation, also it talked about the mediation as an alternative means to settle family disputes in the Jordanian Personal Status Law.

The researcher found in this study that the practice of the mediation is the strongest single administration in the dispute settlement movement, and that …

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 …

Concession Of Custody Between Algerian And Emirati Laws: Perspective In Light Of The Aims Of The Sharia, Badreddine Berrahlia

UAEU Law Journal

The paper treats the concession of the child custody in the Algerian and UAE Laws. It explores the application of the Standards of the best child interest and the legal nature of the custody right in Islamic, Algerian and UAE law.

The research trying to evaluate the case of; the Algerian Law, UAE Law and the legal practice in the both legal systems in the concession of the custody according to the application of the Maqased (aims) Shari'a.

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, …