An Academic Refereed Journal Issues Four Times a Year

journal Sharia & Law                 ISSN: 1813-095X

Issue 73 January 2018 

The responsibility of the Supplier upon breach of ensuring food safety (issues and Proposed Solutions): analytical Study in UAE Law


Prof. Ali Al-Mahdawi
Professor of Civil Law, College of Law, Sharjah University, UAE




Abstract:


This Article is complementary to our previous article titled (The Obligation to Guaranty the Safety of Food & its Quality “Critical Study of Consumer Protection in Emiraty Law “ ). The author demonstrated in this paper the genuine obligations of the provider to guaranty the safety of food followed by the related obligations .We also considered the problematic of the provider’s responsibility to guaranty the safety in the Federal Law number 24 of 2006 which is amended by the Federal Law number 7 of 2011, and the decision of the Council of Ministers number 12 regarding the executive decree of law 24 of 2006, dated March 29th ,2007 and the decision of the Council of Ministers number 1, Dated January 1st ,2014 regarding the rules and conditions of reconciliation of contraventions contrary to Federal Law number 24 of 2006 and the Council of Ministers Decree number 332 of 2009 regarding the set up of specialized sections in Federal Courts of First instance to deal with penal cases related to consumer protection dated April 27th, 2009 and the related Federal Laws, which are Civil Procedure Law and the Judicial Decisions of the Federal Supreme Court, the article divided into two parts.
The author used his personal understanding of the view to demonstrate the scope of consumer protection in the provisions dealing with the consumer protection, using the analytical approach of the provisions and comparing them to each other to achieve a consensual state. By dissipating its contradictions and any vagueness it may have contained. And giving vacuum for achieving the goal of consumer protection. The second part dealt with thirteen problematic issues.
The author presented seven recommendations, he considers are able to promote the Law number24 of 2006 dealing with consumer protection, especially in the next context of the provider’s obligation to guaranty the safety of food and its quality.
Key words: specifications and standards, legal standards, Islamic politics.


Electronic Voting for the General Elections: An analytical study in light of the Jordanian law


Prof. Dr. Khalid Al-Zubaidi
College of Law / Yarmouk University


Abstract:

A number of states, mostly developed countries, have introduced electronic voting systems that are utilized in general elections, including parliamentary, presidential, and municipal elections. The use of electronic voting systems has ever since given rise to a legal controversy; views have diverged in favor and against these systems. Questions arise regarding the pros and cons of electronic voting and its technical requirements and legal guarantees. This article addresses these questions in three sections discussing: the nature of electronic voting, the requirements for its implementation, and relevant guarantees.
This article concludes that the utilizing electronic voting systems will make no difference in countries that do not embrace democracy in the first place. As far as Jordan is concerned, introducing a feasible electronic voting system depends on the presence of a political will coupled with public acceptance. Besides, technical and human resources have to be provided together with necessary guarantees. This, in turn, should be based on a comprehensive legislative environment enabling the administration and regulation of the electronic voting system to ensure its success in all the elections phases, especially the voting process.
Keywords: Electronic voting; the Constitution; Law; Guarantees.


The Authority of the Court to Use the Most Practical Evidence in the Private International Law: A comparative study"
Dr. Yaser Al Sabaawi


Associate Professor in the Law of Evidence and Civil Procedures – University of Sharjah, Faculty of Law, UAE


Dr. Khalil Ibrahim Mohammed

Lecturer of Civil Law - Faculty of Law - University of Mosul


Abstract:

The importance of the theory of Evidence in presenting the dispute to the judiciary is evident, where the judge has to apply the rules of evidence. If the theory of Evidence is one of the most important and practical theories in the working life at the courts, it is the theory applied by the courts every day at the level of the internal laws. A right whose source can not be proven whether legal or legal fact, is worthless.
It is even more important when examining the issue of evidence in private international law, in particular the question of acceptance of the easiest evidence base, because it is a thorny and complex issue in private international law. The rules of evidence are divided into objective rules and procedural rules. The burden of evidence, the methods of evidence, the strength of the evidence and the extent of its validity. All these things need to be examined to determine the law applicable to them and the extent to which they are covered by the easiest evidence base.
If the law applicable to evidentiary evidence is determined by a traditional attribution rule that may refer to the law of a judge or the law of a foreign State and that the legislation and the views of the jurists link the form of conduct to the evidence, they decide that what applies to the form applies to evidence, The document between the form of conduct and evidence, and this is what the legislator of the UAE and the Iraqi in the aspect of the law applicable to the evidence, this approach is considered a one of the laws of many of the legislation under comparative study, including the Federal Civil Transaction Law in UAE and the Iraqi Civil Code.
And that taking account of the apparent status and stability of financial transactions in the framework of legal relations with a foreign element in general and in the framework of judicial work in particular, requires taking into account the interests of the parties by facilitating the procedures of proof and determining the basis of legal disposition to the country of conclusion, The rules of jurisdiction and all procedural matters are subject to the law of the State in which the proceedings are instituted and proceedings are conducted, including Iraqi legislation.
However, the strange thing in the matter is that the Iraqi legislator cited an exception to this rule with regard to the evidentiary evidence in article (13/1) of the Iraqi Evidence Law No. (107) of 1979 amending, which stated that "....... However The court may apply Iraqi law if the proof of evidence is easier than the evidence required by the foreign law "
Is such an exception, which constitutes a departure from the general rule in all comparative legislation? Or is it to facilitate the contractors in the evidence? Was the UAE legislator successful in drafting the article (19/1) of the Federal Civil Transactions Law No. (5) of 1985, as it did not separate between the subject of international contracts and the provisions of the form therein, and he summarized the two with one rule of conflict, Is this legislative formulation correct? These are points of ideas in the research board that the researcher tries to answer through the research topic.


Legal Controls for Credit Rating Agencies Legal Study according to the UAE legislation


Dr. Murad Almawajdeh

Associate Professor of Commercial Law and Head of Commercial Law Department, College of Law and Police Sciences, Dubai Police Academy, UAE.



Abstract:

The issuance of Federal Law No. (6) for the year 2010 on the credit information and the decision adopted by the Cabinet Resolution No. (16) for the year 2014 regarding the executive regulations of this law, represents an significant step on reducing the risk of credit. Consequently, this law has required the establishment of particular companies to collect, catalog, preserve and trading of credit information about people, potential borrowers in order to give accurate information and documented financial position about them before making a decision by the banks to finance different financing institutions.
The legislature of the United Arab Emirates through the previous Law has allowed the credit rating of the people, but the Emirati lawmaker has omitted the possibility of a credit rating companies for transacti ons and various debt instruments, as well as granting the legislature omitted these companies right credit rating for debt instruments and Islamic financial transactions, Therefore, the researcher, through this paper, requests to grant corporate credit rating the classification of the terms of reference of transactions and debt instruments, particularly Islamic, and the establishment of a private credit rating companies Islamic, as well as the text on the authentic legal credit information reports.


The Problem of Recourse to Arbitration in Intellectual Property Disputes within National Laws: Comparative Study on Patent, Trademark and Copyright Disputes

Dr. Mahmoud Ismail (Abu Turabi)
Assistant Professor of Civil Law - Applied Science University - Faculty of Law - Hashemite Kingdom of Jordan.


Abstract:

This study tries to answer the following question: could the intellectual property rights being a subject of arbitration in case of dispute? To answer the question, we need to study the legal nature of the intellectual property and the legal basic to get protection. It is a comparative study between Jordanian law and French law.

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The Perspective of the Saudi Judiciary on Child Custody



Dr. Mufleh Al-Qahtani
Assistant Professor of Civil Law, King Saud University - Faculty of Law and Political Sciences - Department of Private Law.
Kingdom of Saudi Arabia



Abstract:

Despite the early attention paid by the Islamic Fiqh (Islamic jurisprudence) to the issue of child custody, but still there is difference among fiqh scholars in regards to its rules, requiring the judiciary to look for the appropriate solutions to deal with new and arising cases in this regards.
As the provisions of the Islamic Sharia is the common law in the country, Saudi judiciary applies the Islamic jurisprudence (the hanbli fiqh in particular) on disputes over child custody in the absence of family law.
This paper aims to know more about the positions of the Saudi judiciary with regard to the issue of child custody and the juristic choices in this matter.
The paper is divided into two sections and a conclusion. The first section discusses the child custody rules in the Islamic fiqh and the choices of Saudi judiciary, while the second one talks about the Saudi judicial application of the child custody. At the end of the paprer we set the findings and recommendations.
Key Words: Child Custody, the Judiciary position, the Saudi Judiciary, interest of the Child, the age criterion


The Crime of Defamation through the means of Information Technology in light of the Saudi Anti-Cybercrime Law:
A comparative Study


Dr. Mohamed Almazmoumi


Assistant Professor of Criminal Law - King Saud University - College of Law and Political Science - General Law Department
Kingdom of Saudi Arabia



Abstract:

This study emphasized on the importance of conducting a research about the online defamation crime to clarify its negative impacts, how it can be dealt with, the main pillars of this crime and how it can be addressed based on the Saudi Anti-Cyber Crime Law which was issued under the Council of Ministers Decision No. 79, dated 7/3/1428 H. The online defamation crime is one of most difficult crime to prove as it happens in cyber space which is not completely governed and controlled. Therefore, this study tried to address some the obstacles that face the prove of this crime to protect individuals and societies.


Towards Dedicating the Security Dimension to the Service of International Criminal Law


Researcher / Ben Ddouche Nassima
Doctorate Level Researcher, specialized in international criminal law, (human rights and public freedoms) - University of Abdelhamid Ibn Badis - Faculty of Law and Political Science, Mostaganem, Algeria.



Abstract:

The international criminal law is based on a number of concepts that can achieve its objectives, as a branch of public international law recognized and comes Criminal Security at the forefront of those concepts and the most important, although this kind of security did not take his share at the legislative and jurisprudential levels, and it remained in framework of international Security in his general sense.
This research tries to reveal the criminal international security and contributed to the consolidation of its existence, where not only researcher by definition of security and everything related to it, but found the idea of the International Criminal Security, and search at the obstacles and in support of this idea and establishes through large internationalist facade of the Security Council and his criminals prerogatives of security content and dimensions unique and distinctive, the authorities of the council in this regard in the criminal referral and the establishment of international tribunals and other powers vested in him.
The research also shows the security dimension in the Rome statute of the international criminal court, by taking the aspects closest to clarify the idea of the international criminal security and deepened it, when it comes to non-obsolescence of international crimes and complementary jurisdiction between the international and national judicial, and irrelevance of immunity.




Balancing between the controls of Child Labour and the Rules of Protection against Abuse:Study in the Light of the Saudi Regime


Dr. Nasreen Salman Mansour
Assistant Professor of Civil Law, College of the Arab East for Graduate Studies, Riyadh, Saudi Arabia.



Abstract:

The Saudi child has many of lawful protection in Saudi law. As his protection laws; which the regulator embodied through it types of harming which the child confronted with, prevent him from having all rights securing his physical, psychological, mental and educational growth, and the counterbalance between these laws and the requirements of life which force the child to work in early age for money is very hard. On the one hand laws of child protection from harming stipulate that any work preventing a child from education is illegal, also make financial abuse of child is an offence and makes that subject himself to legal liability. On the other hand labor laws such as Saudi Labor law work permit for child of certain age under particular controls and restrictions. To conciliate between these laws the law assesses the age of the working child as it should not be less than fifteen years, as it is the age which ensures that the child after it finished the basic education. Also these regulations ban child labor in dangerous works which will harm his health and his physical and mental growth. Further regulations ban child labor in places and work which will cause moral. All of these laws are within bunch of procedures and restrictions which ensure harmless of working child and the Saudi regulator pay attention to the weakness of sanctions for breaking the Provision of the labor law and protection of child from harming so he augment these sanctions at the end of 1436 AH and that complete the unity between labor law, child protection from harming law and the labor law which contain provisions permit juveniles labor.

 



INTERNATIONAL JUDICIAL REVIEW OF THE LEGALITY OF ACTS ADOPTED BY UNITED NATIONS ORGANS

Giovanni Distefano
Professor of International Law
At the University of Neuchatel



Abstract:
This brief article endeavours to tackle the thorny question of the judicial control of acts adopted by United Nations Organs. The analysis is strictly confined to the international judicial control of two specific organs, i.e. Security Council and General Assembly. Contrary to many domestic legal systems, where such judicial control is envisaged either by an explicit empowerment or by a constitutional custom, a similar entrustment is not envisaged by the United Nations Charter. Therefore, a specific jurisdictional entitlement is needed for the International Court of Justice to assess the validity of a resolution adopted by the two aforementioned organs. This has been the case through the seisine, in the case of a contentious case brought before her, or a through a specific request of advisory opinion made by one of the organs vested with this power by the United Nations Charter, that is to say, according to its Article 96 (1), Security Council and General Assembly. This has in fact hitherto occurred 7 times since the entry into force of the United Nations Charter. Finally, one of the most far-reaching international judicial reviews of the validity of acts adopted by a United Nations organ, has been wielded by a Court outside the UN System, i.e. the Court of Justice of European Union. This article eventually delves into all these judgments and advisory opinions rendered by the International Court of Justice and the Court of Luxembourg.

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Subject: Journal Sharia  and Law
Issued by: College of  Law, UAE University
Supervised by : Academic Publication Council, UAE University
Published by : UAE University
Printed by : UAE University Pres
s

 
 

 

 

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