Law Commons^™

Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri

UAEU Law Journal

The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.

This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …

The Applicable Law To The Divorce Of Moroccans Residing Abroad And Its Effects, Abdul Samad Abbou

UAEU Law Journal

Divorce is one of the most systems that embodies conflict of laws, which reflected negatively on the organization of divorce Moroccan immigrants, and on the stability of the European community, especially the European judiciary had ruled out the application of the Personal Status Code on divorce for being in breach of the defense and the principle of liberty and equality rights between men and women, which It violates the legal systems of these countries, which derives its authority from the international human rights conventions, and the evolution of the points of attachment in Europe to renounce citizenship officer contributed to …

Settlement Of Non-Muslim Minorities' Disputes In The Islamic State, Mansour Al-Haidari

UAEU Law Journal

This paper is introduced with a brief introduction on how different legal systems in the past dealt with religious minorities' disputes. Moreover, it shows how different US states were proposing bills and acts to eliminate any religious-based laws or applications. The paper presents how different Islamic schools deal with religious minorities' disputes in the Islamic State. It shows Islamic legal system's tolerance toward minorities in different aspects such as giving their religious leaders a role in solving their disputes according to their religion, and allowing them more freedom in their personal law issues such as marriage, divorce, wills and estates, …

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 …

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 …