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Do Adjectives Matter? Exploring the ‘Islamic’ in Constitutions and Constitutionalism(s) Arab Law Quarterly Pub Date : 2024-04-09 Shaheen Sardar Ali, Arjumand Bano Kazmi, Ashraf Kunnummal
This paper calls for a paradigm shift in the face of the remarkably common, but ultimately stereotypical and simplistic perceptions of ‘Islamic’ constitutions requiring all laws to conform to Shari’a. It problematizes the term ‘Islamic’ to describe disparate constitutions and constitutionalism(s) in Muslim majority countries demonstrating the plurality of ‘Islamic’ constitutions, locating this descriptor
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The 2020 Revision of the Algerian Constitution and the Ḥirāk: Returning to Constitutional Order after the Institutional Disorders of 2019 Arab Law Quarterly Pub Date : 2024-04-06 Massensen Cherbi
The revision of the Algerian Constitution of 30 December 2020 presented the Constitutional response to the institutional roadblocks and incoherencies within the hierarchy of norms brought to light by the Ḥirāk in 2019. The procedure used to revise the Constitution — an initiative of President Abdelmadjid Tebboune, rather than the election of a Constituent Assembly — has largely predetermined its content
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Legal Aspects of Telematics for Law Enforcement Arab Law Quarterly Pub Date : 2024-03-23 Jon Truby, Khalid Saleh Al-Shamari, Rafael Dean Brown, Imad Antoine Ibrahim
Telematics is a technology that allows vehicle tracking and monitoring. This paper investigates its legal implications in Qatar, where road fatalities are high, but considers the results with international applicability. It reviews the current laws that govern telematics and evaluates their compatibility with constitutional rights or principles, especially privacy. It also examines how telematics can
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Moratorium As a Crucial Component of Corporate Restructuring Under Saudi Bankruptcy Law Arab Law Quarterly Pub Date : 2024-03-23 Faisal Alfawzan
The moratorium or automatic stay is a fundamental component of corporate restructuring procedures. It provides the distressed company with a brief respite from its creditors by temporarily barring all collection efforts and all proceedings against the company and its assets. By temporarily barring such actions, the moratorium provides the company with time during which it can negotiate with its creditors
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A Review of Saudi E-Commerce Regulation Under the Scope of the GDPR Arab Law Quarterly Pub Date : 2024-02-23 Rabaï Bouderhem
The purpose of this article is to analyse and make an initial assessment of the Saudi legislative framework regarding E-commerce and data protection throughout a set of rules imposed on Internet service providers (ISPs) to ensure confidentiality, integrity of data and the safety of online transactions. Some efforts have been made in the Middle East and beyond and making an initial assessment may help
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Recent Limitations to the Theory of Acts of Sovereignty and What They Mean for Judicial Independence in Egypt Arab Law Quarterly Pub Date : 2024-02-21 Arig M. Eweida
The theory of acts of sovereignty is a serious limitation on the scope of judicial review. This paper examines the recent applications of the theory by the Egyptian State Council and the Supreme Constitutional Court which aim to widen the scope of judicial review by limiting the applications of the theory of acts of sovereignty. The two cases studied were decided amid political tensions. These cases
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Prolonged Military Occupation: Rethinking the Israeli Occupation on the Occupied Palestinian Territories Arab Law Quarterly Pub Date : 2023-12-20 Rezeq Ahmad Salmoodi
This research focuses on an increasingly important question associated with the state of military occupation as part of International Humanitarian Law, namely, to what extent the rights and duties of an occupying power are to be broadened or otherwise minimized when an occupation of a foreign territory lasts for a long period of time? This question is necessitated by the practices of some occupying
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The Egyptian Supreme Constitutional Court on the Abolition of Public Interest Litigation, Decision of 14 January 2023 in the Constitutional Challenge 120/36 Arab Law Quarterly Pub Date : 2023-12-20 Kilian Bälz
In a decision of 14 January 2023, the Egyptian Supreme Constitutional Court confirmed the constitutionality of Decree-Law 32/2014 abolishing public interest litigation. Public interest litigation in the past was an important political means permitting NGOs to submit the privatization of public enterprises and the allocation of state land to judicial scrutiny. The long-awaited decision conforms to a
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International Perspectives on Jordan’s Legislation on Deprivation of Liberty Prior to Trial Arab Law Quarterly Pub Date : 2023-11-21 Amal Abuanzeh, Elna Søndergaard
The right to personal liberty is fundamental for individuals and societies based on the rule of law. The United Nations Universal Declaration on Human Rights and United Nations International Covenant on Civil and Political Rights broadly define rules limiting possible pre-trial detention and protecting against arbitrary detention. Since 1961 the Code of Criminal Procedure has regulated detention in
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Qiṣāṣ in the Modern State: Searching for the Victim’s Family in Middle Eastern Criminal Law Arab Law Quarterly Pub Date : 2023-11-21 Brian Wright
This article traces the development of the role of the victim’s family (awliyāʾ al-damm) in Middle Eastern legal systems. In the pre-modern period, most Muslim jurists saw the right of the victim’s family to determine the punishment for homicide as central to retaliation (qiṣāṣ) and gave political authorities a limited ability to punish offenders. As the modern state expanded in the nineteenth century
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Religious Approaches to Constitutionalism: Empirical Scholarship and Exceptionalism Arab Law Quarterly Pub Date : 2023-11-14 Russell Powell
Nearly half of all countries have official religions or give preference to specific religious traditions. Most countries with an official religion are majority Muslim; however, most of those with a preference for particular religious traditions are majority Christian. This paper considers empirical data related to constitutional references to specific religions as a framework for a discussion of the
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Defects in the Moral Rights Regimes of the Countries of the Middle East Arab Law Quarterly Pub Date : 2023-11-08 Makeen F Makeen
This article focuses on the protection of moral rights in Egypt, Israel, Lebanon, and the UAE. While moral rights are recognised in the four jurisdictions subject to this study, the level of protection is unsatisfactory. This article analyses the many defects surrounding the subsistence and exercise of moral rights and makes a host of suggestions to enhance the level of protection granted under national
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The Application of the Good Faith Principle in the 2018 Commercial Lien Law: Toward a Better Performance Arab Law Quarterly Pub Date : 2023-10-12 Shaya Abdullah Alshahrani
The Saudi legislator requires the creditor to meet the requirements of the Good Faith Principle in commercial lien contracts to obtain legal protection against the debtor. Since this principle was originally a moral obligation, there are questions about applying it in the legal context. To identify potential obstacles and address them, this paper critically evaluates current applications of the Good
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Judicial Review and the Jordanian Constitutional Court: False Start or Slow Start? Arab Law Quarterly Pub Date : 2023-08-15 Farouq Saber Al-Shibli, Mohamad Alkhalaileh, Nathan J. Brown
Judicial review of the constitutionality of legislation has moved in recent decades from being the exception to the rule among Arab states. Not only has it spread, but contests about adjudication of constitutional disputes have become much more prominent and political reform efforts have sometimes included a great emphasis on establishing or strengthening constitutional courts. In Jordan, longstanding
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Spotlights on the Amended Jordanian Arbitration Law of 2018: Is There Room for Further Amendments? Arab Law Quarterly Pub Date : 2023-08-12 Hisham Ababneh
This article analyses some of the recent amendments made to the Jordanian Arbitration Law which came into effect in 2018. It highlights the Law’s degree of success in achieving the aspirations of both academics and practitioners in the field of arbitration. While this article concedes that the 2018 amendments were indeed a step forward to a more modern and up-to-date arbitration legal framework in
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A First Violation of the Sharia Provision: Egypt’s SCC’s Ruling of 15 January 2006, in the Case No. 113/xxvi (Annotated and Translated) Arab Law Quarterly Pub Date : 2023-06-30 Gianluca Parolin
In early 2006, Egypt’s Supreme Constitutional Court found a statutory provision in force at the time of the decision to be in violation of the constitutional provision declaring the principles of Islamic law the chief source of legislation (Article 2). It was the first time since the provision was originally introduced in the Constitution in 1971 and later amended in 1980. Since this ruling, the Court
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One Year of Civil Family Law in the United Arab Emirates: A Preliminary Assessment Arab Law Quarterly Pub Date : 2023-04-05 Lena-Maria Möller
This article provides a preliminary commentary on the new civil family law regime introduced in the emirate of Abu Dhabi in November 2021 which, since February 2023, applies nationwide through the adoption of a federal statute on civil personal status. Abu Dhabi’s Law No. 14 of 2021, its accompanying Procedural Regulations, and the more recent Federal Law No. 41 of 2022 have introduced legal concepts
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Tacit Choice of Law Applicable to International Commercial Contracts: The Hague Principles and Arab Laws Compared Arab Law Quarterly Pub Date : 2023-03-20 Amin Dawwas
This article deals with the law tacitly chosen by the parties to govern their international commercial contracts. It shows the method by which The 2015 Hague Principles on Choice of Law in International Commercial Contracts and Arab laws refer to tacit choice, whether directly or indirectly. In addition, it tackles the level of strictness in tests for tacit choice and its criteria under both The Hague
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La Nature Juridique du Contrat BOT au Regard de la Jurisprudence et la Doctrine Libanaises Arab Law Quarterly Pub Date : 2023-03-20 Rita Waked Jaber
Resumé Les textes législatifs qui ont dessiné le cadre du contrat BOT au Liban n’ont pas abordé la question de la qualification dudit contrat. Il convient donc de se tourner vers la qualification qui y a été donnée par les tribunaux ainsi que les commentaires qui ont été émis par la doctrine à leur propos. Je analyserai dans cet article les décisions qui ont été rendues jusque-là et qui ont opté dans
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Recent Developments to the Jordanian Execution Law Arab Law Quarterly Pub Date : 2023-02-23 Hisham Ababneh
This article examines the recent amendments made to the Jordanian Execution Law in respect of imprisonment for failure to pay debts of civil and commercial nature. While the amendments made on the Law are long-awaited and are an improvement to the administration of justice in the Country; it remains that these amendments came below expectations. First, the recent amendments to the Law are short from
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The Power of the Employer to Terminate Employment Contracts: A Comparative Study between the UAE and Egypt Arab Law Quarterly Pub Date : 2023-02-06 Ahmed Eldakak
Labour law grants an employer the power to terminate an employment contract without the worker’s consent when he is guilty of serious misconduct. This power can also be exercised when the employer has legitimate cause even if the worker has not committed any misconduct. This article compares how legislators in the UAE and Egypt regulate this power. The Emirati legislator has recently passed Law No
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Les Droits des Personnes Handicapées aux Emirats Arabes Unis au Regard de la Législation Nationale et Internationale Arab Law Quarterly Pub Date : 2023-01-14 Magdi Shouaib, Eman Ahmed Alabdouli
Résumé La politique prédominante dans les Émirats arabes unis envers les personnes handicapées, a été, pendant longtemps, basée sur la charité. Mais l’attention accordée aux handicapés par la communauté internationale, surtout après l’adoption, en 2006, de la convention des Nations Unies relative aux droit des personnes handicapées, a eu un impact sur le législateur émirati. A ce titre, cette étude
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Disguised Disciplinary Sanctions and Public Service in Jordanian and French Law Arab Law Quarterly Pub Date : 2022-11-22 Omar Mahmoud A’amar, Noor Issa Alhendi
Disguised disciplinary sanctions are methods used by public administrators or decision-makers to punish a public servant despite the latter not having violated regulations or laws. Instead, such punishment is motivated by personal resentments. The administration may impose arbitrary decisions on their employees while claiming that said decisions serve the public interest, hiding their true intentions
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Iğtihād of the Jordanian Šarīʿa Judiciary in the Interpretation of Legal Terms An Applied Study Arab Law Quarterly Pub Date : 2022-11-18 Maher Haswa, Man Baker
This article studies a collection of legal terms and their interpretation by Jordanian courts in matters related to the Šarīʿa. It outlines the method through which the meaning of terms is determined by returning to Islamic foundations of jurisprudence (uṣūl al-fiqh), a source specified by Jordanian law which can be used to define legal terms as well as the context, scope, and application of legal
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Islam Compliance, beyond Sharīʿah Compliance: Toward a Broader Socio-Economic Transformation Arab Law Quarterly Pub Date : 2022-07-12 Mohammad Omar Farooq
With the emergence and growth of the Islamic finance industry, Muslims now have at their disposal comprehensive Sharīʿah-compliant financial services. However, the notion of Sharīʿah compliance has rarely been deconstructed; essentially, it constitutes a prohibition-driven enterprise. While avoidance of the forbidden (ḥarām) is fundamentally important, Islam encompasses a great deal more than the impermissible
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Snatching Legal Victory: LGBTQ Rights Activism and Contestation in the Arab World Arab Law Quarterly Pub Date : 2022-07-12 Samer Anabtawi
This article examines the relationship between emergent LGBTQ movements and the state in the Arab world over the past two decades. Focusing on the efforts of various LGBTQ social movements to confront the criminalization of homosexuality in the Arab region, the article puzzles over a cascade of legal victories for LGBTQ rights advocates in Lebanon in recent years in spite of a hostile justice sector
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Subjecting Net Profit to Zakāt in Saudi Law Arab Law Quarterly Pub Date : 2022-07-12 Ahmed A. Altawyan
This study aims to discuss a legal principle that has not been settled in Saudi tax tribunals, namely, the Saudi authority subjecting the adjusted annual net profit to zakāt when the zakāt base of the taxpayer is less than the adjusted annual net profit. This study discusses the religious viewpoint by considering zakāt as one of the pillars of Islam, and, from a legal and accounting viewpoint, to propose
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Thickening Autocracy in a Non-Democratic State: Changing Demographics in Syria to Maintain Authority Arab Law Quarterly Pub Date : 2022-07-07 Ghuna Bdiwi
This article analyses several authoritarian practices in Syria since 1971 and demonstrates that, since the 2011 uprising, its authoritarian regime has successfully remained resilient instead of collapsing. The post-2011 Syrian Government under Al-Assad is no longer the Ba`thist government of old, albeit still autocratic but adept at adapting to hostile changing political environments. Al-Assad’s regime
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The Egyptian State as a Muǧtahid: Law and Religion in the Jurisprudence of the Egyptian Supreme Constitutional Court Arab Law Quarterly Pub Date : 2022-07-07 Samy Ayoub
This article explores two recent decisions issued by the Egyptian Supreme Constitutional Court (SCC) to demonstrate how the Court resolves conflicts involving Islamic and Christian law: (1) a decision to maintain the constitutionality of the wife’s obedience (ṭāʿat al-zawǧa) articles in the Personal Status Law for Christians, and (2) a decision to extend Muslim mothers’ exclusive custodial claims over
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Litigating Women’s Rights in Gulf Monarchial Systems: The Kuwait and Bahrain Constitutional Courts as Case Studies Arab Law Quarterly Pub Date : 2022-07-07 Salma Waheedi
This article is an inquiry into the ability of the constitutional judiciary in Arab Gulf monarchial systems to act to protect women’s rights and the conditions that enable such autonomous exercise of judicial powers. Looking specifically at Kuwait and Bahrain, the empirical findings of this article demonstrate that one must look beyond constitutional or legal text in conducting this analysis. In these
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The One-Day Court: Settling Small Civil Cases in the UAE Arab Law Quarterly Pub Date : 2022-07-07 Moustafa Elmetwaly Kandeel, Ahmed Khalil
It is a general principle that the minor circuit — as with every civil court in the United Arab Emirates — does not settle cases within its jurisdiction until completion of pleadings by the parties, which usually takes several sessions. However, an exception to this principle has been created under Article 30/1 of the Federal Civil Procedures Law and Articles 22 and 54 of the Regulation of this law
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Preventative Plasticities: Legal Ambiguities in Jordanian Counterterrorism Legislation Arab Law Quarterly Pub Date : 2022-07-07 Rosalie Rubio
Scholars studying counterterrorism laws internationally, particularly across the Arab world, often note the ambiguity of these laws. Few, however, have taken stock of the causes and consequences of these ambiguities. This article explores the questions: What makes counterterrorism laws distinctly amenable to autocratic instrumentalization? What are the mechanisms that allow counterterrorism laws to
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Ribā and Paying Off Non-stipulated Interest: The Capability to Become a Prevalent Custom (ʿUrf) in Islamic Society Arab Law Quarterly Pub Date : 2022-07-07 Javad Fakhkhar Toosi
This article seeks to study ribā from a novel point of view. Paying off interest without preconditions is recommended strongly by the Prophet (PBUH). If Islamic society follows his advice, this will become a prevalent custom (ʿurf) among Muslims, which the title of the stipulated interest does not include. This article refers to the views of Islamic schools on ʿurf and how they comply with the custom
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The Iraqi Federal Supreme Court on Ownership and Control of Oil in the Kurdistan Region: Decision in Cases No. 69/2012 and 110/2019 of 15 February 2022 Arab Law Quarterly Pub Date : 2022-07-01 Kilian Bälz
In February 2022, the Iraqi Federal Supreme Court (FSC) issued a decision concerning the (controversial) question of whether the Iraqi Kurdistan Region may independently export oil and enter into agreements with international oil companies for the exploration and production of oil in this region. The issue has been in dispute many years between the Iraqi Federal Government and Kurdistan Region, which
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Who is representing the Palestinian People: The Palestine Liberation Organization or the State of Palestine? The Aftermath of United Nations General Assembly Resolution 67/19 Arab Law Quarterly Pub Date : 2022-06-14 May Barakat, Yasser Amouri
This article focuses on the representation of the Palestinian people eight years after the adoption of United Nations General Assembly Resolution 67/19 in 2012, which accorded Palestine observer State status at the United Nations. It addresses the representative role of the Palestine Liberation Organization as an entity with international legal personality recognized by the international community
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Deconstructing the Relation between Law and Authoritarianism: How Law Consolidated Authoritarianism in Post-2011 Egypt Arab Law Quarterly Pub Date : 2022-06-10 Mohamed Elgohari
This article argues that law and legal mechanisms in Egypt have not simply reinforced authoritarianism but have also been the avenue through which embryonic moves toward the rule of law have been halted and even reversed. The political regime has utilized law to consolidate its rule, boost its legitimacy, crack down on opposition and dissent, and restrict freedoms and rights. In Egypt, law and authoritarianism
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The Right to Privacy in the Digital Age as Expressed in a Muslim Country: A Case Study of Kuwait Arab Law Quarterly Pub Date : 2022-06-09 Noura H. al-Mutairi
This article is primarily concerned with setting a definition for the right to privacy in the digital age, which reflects its meaning and social value in Kuwait as an Arab — Muslim country. While ‘ḥurmah’ is considered as equivalent to ‘privacy’, under the primary sources of Islamic law, its meanings do not provide a sufficient explanation of what is meant by privacy. Also, most Arabic academics, instead
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Draining International Water Law: Lessons from the Israel–Occupied Palestinian Territory Context Arab Law Quarterly Pub Date : 2022-05-20 Ahmed Beshtawi, Gabriela Cuadrado-Quesada
This article discusses the complexities of International Water Law (IWL) in the Israel Occupied Palestinian Territory (OPT) context. In the Oslo Accords, Israelis and Palestinians agreed to employ the core principles of IWL in their respective utilisation of shared water resources, in particular, over shared water resources in the West Bank: the principle of equitable and reasonable utilisation of
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Exploring Business, Human Rights, and Authoritarianism in Syria Arab Law Quarterly Pub Date : 2022-04-04 Noor Hamadeh
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The Sex-Trafficking of Refugees and its Legal Challenges: The Case of Lebanon Arab Law Quarterly Pub Date : 2022-03-10 Carla B. Abdo-Katsipis
The trafficking of refugees has become a priority in discussions about the efficacy of human trafficking law in recent years. While the number of studies concerning this phenomenon has increased, there is a paucity of literature about the effectiveness of anti-human trafficking laws in the Arab world. This article focuses on Syrian refugees trafficked into Lebanon, and evaluates the strength of Lebanese
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The Politics of ʿUmar b. al-Khaṭṭāb and Zinā-Stoning Arab Law Quarterly Pub Date : 2022-02-28 Syed Atif Rizwan
This article examines several versions of a report in which ʿUmar b. al-Ḫaṭṭāb makes a public statement asserting the lawfulness of stoning as punishment for a category of offenders convicted of unlawful intercourse. The article also analyzes certain versions of a report in which ʿUmar makes a public declaration that the acclamation of Abū Bakr as caliph was legitimate despite the process being unexpected
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The Islamic Finance Contract between Indifference, Recharacterisation, and Invalidation: A Look at the Judicial Trends in Light of Economic and Regulatory Backgrounds in Egypt, Kuwait, and Oman Arab Law Quarterly Pub Date : 2022-01-14 Hussein M. Azmy
Despite the prominent role that the Islamic faith plays in shaping the social and regulatory aspects of Arab countries and the constitutional recognition of Islamic law (Sharīʿah) as a main source of legislation in most of these countries, judicial precedents regarding Islamic finance contracts remain scarce in the Arab world. This article sheds light on the judicial treatment of the validity and characterisation
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Reconsidering the Special Rules of Mitigation of Damages for Breach of Contract for the Sale of Goods in UAE Law Arab Law Quarterly Pub Date : 2022-01-14 Mahmoud I. Fayyad, Ahmad M. Hayajneh
This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules
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What does Voluntary Delisting Tell us about Corporate Governance in Kuwait? Arab Law Quarterly Pub Date : 2021-11-02 Shahad M. Almutairi
Despite the adoption of the mixed approach in the application of corporate governance (CG), largely based on the ‘comply or explain’ principle, the Kuwaiti corporate governance system still faces major limitations that have become particularly noticeable from the event of voluntary delisting by a slew of companies after the new Kuwaiti Code of Corporate Governance (KCCG) came into force in 2016. One
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The Rights of Religious Minorities in Iraq: The Case of the Forced Conversion of Minors Arab Law Quarterly Pub Date : 2021-10-25 Harith Al-Dabbagh
Religion raises many legal questions in confessional systems where a minor child is usually assigned the parents’ religion ex officio. In Iraq, as in many Middle Eastern countries, the conversion to Islam of one of the parents results in the conversion of their minor children. For decades, the Iraqi Court of Cassation has granted children the right to choose their religion upon reaching majority. From
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Towards International Mechanisms for Resolving Investment Disputes in Qatar Arab Law Quarterly Pub Date : 2021-10-25 Salim Yaacoub
In addition to possessing one of the largest proven gas reserves worldwide, Qatar benefits from a strategic location between the East and West, forming an attractive destination for foreign direct investments. Law No. 1/2019 regulating non-Qatari capital investments provides investors with greater political and social stability along with a full range of benefits. The most significant among these benefits
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The Jurisdiction of the UAE Federal Supreme Court on Constitutional Interpretation Arab Law Quarterly Pub Date : 2021-10-21 Tarek Abo el-Wafa
While a Constitution embodies the basic principles and laws of a nation, its language and text may introduce ambiguity or confusion, especially during implementation of its laws. In such situations, interpretation of the text becomes more important than the text itself. The Federal UAE Constitution was issued in 1971 and includes a provision to specify the authority competent to interpret its contents
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International Responsibility of State for the Acts of an Unsuccessful Insurrectional Movement: Case of ISIS in Iraq Arab Law Quarterly Pub Date : 2021-09-16 Hojjat Salimi Turkamani
ISIS, as an insurgent movement, announced its presence in Iraq in 2013, and, after extensive military and non-military activities in the country, its suppression was officially declared by the Prime Minister in 2017. The main question is whether the actions of this failed insurgent movement can be attributed to Iraq under international law of responsibility? This study shows that, since the Iraqi Government
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The Legal Regime of the Kuwait–Saudi Divided Zone: Clash or Integration Between Sovereignty and Cooperation? Arab Law Quarterly Pub Date : 2021-09-16 Sharefah A. Almuhana
This article intends to explain the legal regime of the Kuwaiti–Saudi Divided Zone, also called the Neutral Zone, in accordance with the Kuwait–Saudi Arabia Agreement to Partition the Neutral Zone signed in 1965, the Treaty Between Kuwait and Saudi Arabia Concerning the Submerged Area Adjacent to the Divided Zone signed in 2000, the Treaty Supplements to the Agreement to Partition and Treaty Concerning
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Ġarar vs. Jurisprudential Necessity in Commercial Insurance Contracts Arab Law Quarterly Pub Date : 2021-07-12 Maher Haswa, Suhaib Walid Sharaiyra
This study deals with the effect of ġarar (uncertainty) and jurisprudential necessity on the Sharīʿah permissibility of commercial insurance contracts, using an analytical and critical approach. The study clarifies the meaning of ġarar, and its effect on contracts, by verifying the effective cause of ġarar, determining its degree, and ascertaining the rationale for its prohibition. The criterion for
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Industrial Designs Protection in Qatar: An Analytical Study of Industrial Designs and Models Law No. 10 of 2020 Arab Law Quarterly Pub Date : 2021-07-12 Mohamed Salem Abou El-Farag, Shaikha Jaber S.H. Al-Muraikhi
For the industrial development of national economic industries in any given country, designs for products and goods need to be created and developed. In 2020, Qatar issued a new law on Industrial Designs and Models (Law No. 10 of 2020) as a means of enhancing and strengthening Intellectual Property Rights and their protection, which is regarded as a part of Qatar’s National Vision 2030. In this article
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Is It Possible to Overrule a Constitutional Precedent in the Egyptian Legal System? Arab Law Quarterly Pub Date : 2021-07-12 Islam Ibrahim Chiha, Abdel Hafiz el-Shimy
This article examines the constitutionality of the Egyptian Supreme Constitutional Court’s (hereinafter SCC) authority to overrule its prior precedents. The authors argue, contrary to the assertions of the predominant conservative approach in Egypt, that bestowing the SCC with such an overruling power neither violates the Constitution nor undermines fundamental legal principles such as the principles
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Good Faith Principle in Contract Law: A Comparative Study under Sharīʿah, Islamic Law Jurisdictions with Emphasis on Iranian Law Arab Law Quarterly Pub Date : 2021-07-01 Ebrahim Shoarian, Mahsa Jafari
Unlike civil law jurisdictions, the good faith principle in Islamic law is a notion not directly discussed, the foundations of which this article seeks to root out through an analysis of related, but distinct, Islamic law doctrines. As such, since Islamic law is a significant source of codification and adjudication in many Islamic countries, the perspective of some MENA countries as well as Iran towards
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Legal Features of the Provisions of Unjust Enrichment in Jordanian Civil Law and Comparative Law Arab Law Quarterly Pub Date : 2021-07-01 Sahib al-Fatlawi, Derar al-Daboubi
Unjust enrichment is considered one source of obligations, which stands in contrast to harmful acts as another source of obligation in the Jordanian Civil Code (JCC). The Unjust Enrichment Rule has developed historically from Roman law, through Islamic jurisprudence, then French law and jurisprudence to modern laws, such as that in Egypt influenced by French law. All these laws have recognised the
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A Critical and Analytical Assessment of the 2019 Reformation of the Foreign Investment Regulatory Framework of Oman Arab Law Quarterly Pub Date : 2021-06-22 Hussein M. Azmy
This article examines the recent reformation of the foreign investment regulatory environment that was introduced by the Foreign Capital Investment Law of Oman (Royal Decree No. 51/2019) and its Executive Regulation (Ministerial Decision No. 72/2020) with the aim of boosting foreign direct investment (FDI) in Oman. This examination focuses on the texts of the current Foreign Capital Investment Law
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Female Judges in Saudi Arabia, Hope Versus Reality Arab Law Quarterly Pub Date : 2021-05-18 Samah al-Agha
The purpose of this research is to identify and explore the factors that have contributed to the prevention of women from working in the Saudi Arabian judiciary from the viewpoints of male Saudi judges. The study applies the qualitative research method and uses interviews to obtain the required data. It uses primary and secondary resources to support the arguments. The data analysis reveals three main
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Consumer Protection in Jordanian Discount Sales: A Comparative Study with the Legislations of France, Tunisia and the United Arab Emirates Arab Law Quarterly Pub Date : 2021-05-03 Tariq Kameel, Fayez Alnusair, Nour Alhajaya
This article compares consumer protection in the framework of discounts with the constituent elements of such sales and the relevant methods of protecting consumer rights, according to French, Emirati, Jordanian, and Tunisian legislation and judicial practice. The findings shed light on the operation of consumer rights and market protection, and argues that each legal system has developed divergent
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Dispute Settlement Mechanisms: Gulf Cooperation Council Practice v. European Union Practice Arab Law Quarterly Pub Date : 2021-05-10 Fathi Hussain, Mahdi Zahraa
Dispute settlement mechanisms (DSM) are the heart of international organisations without which organisations would be ineffective. The European Union (EU) is probably the most effective regional body whose efficacy is largely due to its powerful judicial organ, the Court of Justice (CJEU). This article also examines the DSM available in the Gulf Cooperation Council (GCC), in order to assess its effectiveness
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The Arab Law Quarterly at 35: Paths Forward Arab Law Quarterly Pub Date : 2021-04-22 Haider Ala Hamoudi
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Role of Option of Defect in Tenders: A Study under Omani Law Arab Law Quarterly Pub Date : 2021-03-02 Maen Mohammad al-Qassaymeh, Nayel Musa Shaker al-Omran
Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages