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 …

The Effect Of Psychological And Mental Diseases On Criminal Responsibility In Islamic Law, Mohammed Naim Yassin

UAEU Law Journal

This study gives a definition of criminal responsibility and commandment. It details the concept of mental and criminal diseases and their types, the concept of criminal responsibility; its cause and conditions, the study is split into two parts. Part 1 defines Mind, the degree and criterion adopted by Islamic Law for criminal responsibility with a comparison with mental and psychological diseases, and the effect of mental disability at the time of criminal act. Part 2 discusses the conscience will being the second part of responsibility explaining its definition and psychological diseases having effect on it, etc, the study concludes the …

Comments On Provisions Of Tort In Iraqi Civil Law, Dr. Galil Hassan Al-Saadi

UAEU Law Journal

Iraqi Civil Law number 40 of 1951 has some rules driven from Islamic Law and some others from foreign legislations. Despite that, law has some defects relating basically to drafting some of its articles from one hand, and from another hand some recourses of this law were improper. This search contains some comments on rules dealing with tort. Some comments concern with tort of personal actions, some other comments concern with tort of a third party Action which has been regulated by law in three articles divided into two places. Study deals as well with some comments on liability of …

Credibility Of Genetic Profiling In Establishing Paternity A Legal Comparative Study, Fwaz Saleh

UAEU Law Journal

Genetic profiling offers a new dimension for the possibility of exploring biological truth. It plays an important role in establishing paternity in Western legislation, though two conflicting trends are apparent in this connection: free and restricted.

In both trends, however, proving the biological truth is not the only objective of the legal rules organizing the establishment of paternity. The present study has also indicated that genetic profiling poses a threat to human rights, especially inviolability of the human body. Scientific evidence would certainly help determine paternity through the use of biologically accurate techniques. In the event of disputed paternity, however, …

The Concept Of Public Property And The System Of Protecting It According To Islamic Law - مفهوم المال العام ونظم حمايته في الشريعة الإسلامية, Nawfal Ali Alsafo

UAEU Law Journal

This article consists of an introduction by which the importance of public property was clarified, this is according to its connection to the economic structure of the state.

Then the article was divided into Two Chapters:

In chapter one, we discussed the concept of public property, its sorts and conditions. Firstly we talked about the private property, what can be considered as a private property according to Islamic rules, we concluded that the property can be divided into: estimated and non-estimated property, Then we discussed the Jurists’ opinions on public property. Secondly we clarified the sorts of public property in …

A Critical Study Of The Two Standard References Of Obligations (Personal Rights (And Contracts In United Arab Emirates Law Of Civil Transactions, Dr.Adnan Sarhan

UAEU Law Journal

The Emirates Law of Civil Transactions is based on the rules set by Islamic Law. However; it suffers from faults or short comings in the legal texts and even, sometimes, a contradiction in the merits or judgement. These faults are consequences of the presence of statements extracted from defective or imperfect laws such as the Jordanian law, or a contradiction due to differences between Malek’s or Hanbal’s and Al-Numan’s shools.

In this research, the author deals with the text of the United Arab Emirates Law of Civil Transactions that are related to commitments and contracts. As he believes in the …

Islamic Law And Weapons Jurisprudence Of Mass Destruction, Abdel-Majid Al Salahin

UAEU Law Journal

The paper is comprised of an introduction, three chapters and Conclusion.

The introduction deals with the phenomenon of fighting in the human societies in terms of it's reasons and development of fighting means.

In chapter one the author defined the three types of mass destruction weapons and their dangerous effects:

1- Chemical weapons which include gases and inflammables.

2- Biological weapons which include: the various types of viruses and germs.

3- Atomic weapons which include the fissionable bomb, the fusing bomb and the neutron bomb.

In chapter two the study deals with two issues:

1. Islamic jurisprudence stand concerning destructive weapons …

Negative Crimes In Islamic Jurisprudence: Their Concepts And Provisions, Abdel-Majid Al Salahin

UAEU Law Journal

The penalty system which has been established Shari'ah (Islamic Law), is based on careful balance among various interests: the interests of individuals, interests of society and, interests of State. Sharia'h was the first legalsystem to identify, to criminalize and, to lay down criteria regarding negative crimes.

It considers that an abstention from performing an act is a crime if an abstention results in negative harmful consequences for individuals or society. Italso has recognized the concept of public liability whereby an individualcan be held responsible for acts committed by a third party.

This study examines the conditions, constituents, provisions of negative …

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, …

The Nesab (The Minimum Amount Of Property For Which The Legal Punishment Of Stealing Is Applied) In Islamic Law: A Comparative Fiqh (Jurisprudence) Study

UAEU Law Journal

The NESAB (the minimum amount of property for which the

legal punishment of stealing is applied) in Islamic Law:

A Comparative Fiqh (Jurisprudence) Study

By

Dr. Hasan Ahmed Al Khattaaf*

Assistant Professor - College of Law - University of Damascus

Abstract

The purpose of this comparative study is to determine the minimum amount of stolen property (NESAB) upon which Islamic Shari'a may be applied in the form of cutting a thief's hand. This study is important because there is a controversy in determining the NESAB, which is the most important condition upon which legal punishment for stealing in Islamic …

Landmines And International Liability In Public International Law And Islamic Law A Comparative Study

UAEU Law Journal

Landmines are considered as one of the arsenals of conventional weapons of armies and are originally used as a means of defense to protect an area, stop the advance of the enemy, or to inflict the greatest possible loss on them. However, their increasing destructive power has caused a lot of and material and human losses incurred by the innocent. This requires the international actors to move in order to remove the pain, especially that suffered by civilians, so humanitarian considerations should take precedence over military necessity. In the spirit of spreading safety and security, Islamic law prohibits the use …

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 …