Law Commons^™

Towards A Unified General Theory Of Law In The Arab And Islamic World- Prof. Mustafa Al - Jammal

UAEU Law Journal

This study starts by observing the duplicity that exists in the legal culture in the Arab and Islamic world, stemming, as it does, from the interaction with western legal culture, while a t the same time preserving the Islamic legal culture . This study aims at opening the way to unify the two cultures, in such a manner that would serve pedagogic and educational purposes in a contemporary Islamic society. The projected study consists of consecutive essays, and begins with this essay which discusses the issue of the definition of law. This essay comprises four points: The first point criticizes …

The Role Of Administrative Law In Defining The Real Source Of Disputed Order, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Job authority is considered an important and fundamental factor in issuing administrative orders. No employee or other administrative party has the right to take a decision (administrative order) unless legally authorized. The researcher has chosen this topic to focus on the importance of Job Authority in issuing administrative orders.

The research is split into three topics:

1. Definition of Job Authority

1. Sources of Job Authority
2. The necessity that the authorized party performs his authorities solely.

The researcher supported his study with a number of court decisions in an attempt to link each subject with whatever is happening in real life …

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 …

The Legislative Formation Of The Temporary Law Of The Parliament Elections, An Analytical And Critical Study, Eid Ah. Alhosban, Abeer Ba. Dababneh

UAEU Law Journal

The legislative drafting of any law is a standard for judging the adequacy of this law; the more marked the drafting of legislative precision and discipline of the law, the more responsive this law will be to the requirements of society, and the more equitable and effective it will be. The temporary 9/ 2010 Law of Election to the House of Deputies is one of the most important political laws that bear sensitivity to the popularity basis, where the outcome of a House of Deputies is able to carry out its constitutional duties in terms of oversight and legislation.

With …

The Role Of Law In The Legalization Of Criminality, Rana Aloutor

UAEU Law Journal

It is understood that criminal law is based on the principle of legality; the law determines the criminalization and punishment. The question arises: can law play a role in allowing criminality? What is that role? This research is to address this topic and answer the question within the scientific method depends on a comparative study between a number of criminal legislations in the Arab world and French law then indicate the reasons for private and public justification. The law has taken a very large meaning in the decriminalization of offences and their justification. This meant that the double concept of …

Validity Of Contract Law Applicable To Unilateral Acts Within A Conflict Of Laws., Firas Kasassbeh

UAEU Law Journal

The law makers and jurists have never shown clear interest in the issue of the law applicable to unilateral undertakings (acte juridique unilatéral). This is the case under Jordanian law despite the fact that unilateral undertaking is deemed under one of the general sources of rights (obligations). Accordingly, it shall be assumed that the general rule shall be subject to the same provisions that are applied to contracts, and therefore, it shall be applied to unilateral undertakings, including those relating to conflict of laws that govern this issue.

This study explores the extent to which the law applicable …

Psychological Killing Through Social Media: A Comparative Jurisprudence Study, Dr. Hamza Abdelkarim Hammad

UAEU Law Journal

The purpose of this study is to explain the jurisprudential and legal position on the issue of the fact that the cause of death arose from informing the other - through the Social media- by the death of a relative falsely, whether that news was a joke or for the purposes of antagonism and aggression. The study followed the comparative analytical method, the result of this study is: That the sudden bad news for the heart patients is a lethal means, in addition to the agreement jurisprudence and legal position that the act is a murder deliberately and positive punishment …