Pub Date : 2021-03-02DOI: 10.1163/15730255-BJA10078
A. Alkhasawneh, T. Shiyab, F. Alshawabkeh
Movable antiquities are very important in peoples’ lives, as they reflect history, establish identity and revive the past. The Jordanian legislator issued Public Antiquities Law 21/1988 to impose a legal protection for antiquities. Through this study, we focus on the issue of the protection of legal movable antiquities in Jordan and determine whether the current provisions are sufficient to this end. We define the protected movable archeological properties in Jordanian legislation and certain comparative legislations. Thereafter, we deal with the means—whether administrative, civil or criminal—of legal protection for movable antiquities. By analyzing such protective legal provisions, we conclude that they are insufficient and in need of multiple supplements. We recommend reinforcing Jordan’s commitment to the protection of movable aniquities by changing legislative texts that reflect the importance of protection movable antiquities while promoting the legitimate trade and exchange of these materials.
{"title":"Legal Aspects of Movable Antiquities Protection in Jordanian Legislation: An Analytical Critical Study","authors":"A. Alkhasawneh, T. Shiyab, F. Alshawabkeh","doi":"10.1163/15730255-BJA10078","DOIUrl":"https://doi.org/10.1163/15730255-BJA10078","url":null,"abstract":"\u0000 Movable antiquities are very important in peoples’ lives, as they reflect history, establish identity and revive the past. The Jordanian legislator issued Public Antiquities Law 21/1988 to impose a legal protection for antiquities. Through this study, we focus on the issue of the protection of legal movable antiquities in Jordan and determine whether the current provisions are sufficient to this end. We define the protected movable archeological properties in Jordanian legislation and certain comparative legislations. Thereafter, we deal with the means—whether administrative, civil or criminal—of legal protection for movable antiquities. By analyzing such protective legal provisions, we conclude that they are insufficient and in need of multiple supplements. We recommend reinforcing Jordan’s commitment to the protection of movable aniquities by changing legislative texts that reflect the importance of protection movable antiquities while promoting the legitimate trade and exchange of these materials.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"1 1","pages":"1-42"},"PeriodicalIF":0.3,"publicationDate":"2021-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48395592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-15DOI: 10.1163/15730255-BJA10045
Ziad Kh. Al-Enizi, Ahmad Ghandour
Electronic trials (e-trials) or the use of electronic means in remote litigation are of great importance at both national and international levels. Many countries have sought to take advantage and reap the benefits of electronic means in litigation by adopting laws regulating this area. The United Arab Emirates is one of the Arab countries that showed great interest in this matter and has passed laws regulating it. This study analyses the electronic court from the perspective of the UAE through a twofold inquiry: firstly, regarding the nature of electronic courts in the UAE and how they operate; and, secondly, regarding litigation before the electronic court and the associated procedures. The study ends with a summary and conclusions.
{"title":"Introducing Smart e-Trials into the UAE Judicial System","authors":"Ziad Kh. Al-Enizi, Ahmad Ghandour","doi":"10.1163/15730255-BJA10045","DOIUrl":"https://doi.org/10.1163/15730255-BJA10045","url":null,"abstract":"\u0000Electronic trials (e-trials) or the use of electronic means in remote litigation are of great importance at both national and international levels. Many countries have sought to take advantage and reap the benefits of electronic means in litigation by adopting laws regulating this area. The United Arab Emirates is one of the Arab countries that showed great interest in this matter and has passed laws regulating it. This study analyses the electronic court from the perspective of the UAE through a twofold inquiry: firstly, regarding the nature of electronic courts in the UAE and how they operate; and, secondly, regarding litigation before the electronic court and the associated procedures. The study ends with a summary and conclusions.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"1 1","pages":"1-23"},"PeriodicalIF":0.3,"publicationDate":"2021-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42028928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-09DOI: 10.1163/15730255-BJA10076
M. R. Elshobake, Muhammad Laeba
The rate of committing cybercrimes in Palestine has increased in recent years due to the increased use of the Internet and social media, in addition to the absence of deterrent legislation to combat these crimes. Palestine suffers from legal problems in the field of criminal legislation due to the duplication of penal laws applied in the West Bank and Gaza Strip. This article will discuss the legal framework of cybercrimes in Palestine. The researcher will mainly use historical, analytical, and library research methods for this purpose. The results indicate that the legal framework regulating cybercrimes in Palestine is not unified, and the difference in legislation regulating cybercrimes in Palestine has led to different penalties for cybercrimes, which violates the principle of equality stipulated in the Palestinian Basic Law (Palestinian Interim Constitution). The benefit of this article is to propose some recommendations to develop Palestinian laws in order to combat cybercrimes.
{"title":"The Legal Framework of Cybercrime in Palestine","authors":"M. R. Elshobake, Muhammad Laeba","doi":"10.1163/15730255-BJA10076","DOIUrl":"https://doi.org/10.1163/15730255-BJA10076","url":null,"abstract":"\u0000The rate of committing cybercrimes in Palestine has increased in recent years due to the increased use of the Internet and social media, in addition to the absence of deterrent legislation to combat these crimes. Palestine suffers from legal problems in the field of criminal legislation due to the duplication of penal laws applied in the West Bank and Gaza Strip. This article will discuss the legal framework of cybercrimes in Palestine. The researcher will mainly use historical, analytical, and library research methods for this purpose. The results indicate that the legal framework regulating cybercrimes in Palestine is not unified, and the difference in legislation regulating cybercrimes in Palestine has led to different penalties for cybercrimes, which violates the principle of equality stipulated in the Palestinian Basic Law (Palestinian Interim Constitution). The benefit of this article is to propose some recommendations to develop Palestinian laws in order to combat cybercrimes.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"1 1","pages":"1-18"},"PeriodicalIF":0.3,"publicationDate":"2021-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47226231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.1163/15730255-BJA10075
A. Alkhan
Islamic finance is a system of finance that adheres to Sharīʿah rulings. The Sharīʿah consists of rulings where certain objectives are intended to be achieved through applying such rulings, known as maqāṣid al-sharīʿah. Since Islamic finance follows Sharīʿah rulings, this by extension means that Islamic finance should contribute in achieving certain maqāṣid. However, there has been a continued debate on whether Islamic finance has been realising/fulfilling relevant maqāṣid. The key question that arises is: if Islamic finance adheres to Sharīʿah rulings, which consists of rulings that are focused towards realising/fulfilling relevant maqāṣid, why is there a debate on Islamic finance realising/fulfilling those maqāṣid in the first place? This research delves into this question, by first exploring the philosophy of maqāṣid al-sharīʿah in relation to Islamic finance, and thereafter gains an insight into the minds of two contemporary Sharīʿah Supervisory Board scholars pertaining to the philosophy in question.
{"title":"The Maqāṣid al-Sharīʿah and Islamic Finance Debate: The Underlying Philosophy and Perspectives of Sharīʿah Scholars","authors":"A. Alkhan","doi":"10.1163/15730255-BJA10075","DOIUrl":"https://doi.org/10.1163/15730255-BJA10075","url":null,"abstract":"\u0000Islamic finance is a system of finance that adheres to Sharīʿah rulings. The Sharīʿah consists of rulings where certain objectives are intended to be achieved through applying such rulings, known as maqāṣid al-sharīʿah. Since Islamic finance follows Sharīʿah rulings, this by extension means that Islamic finance should contribute in achieving certain maqāṣid. However, there has been a continued debate on whether Islamic finance has been realising/fulfilling relevant maqāṣid. The key question that arises is: if Islamic finance adheres to Sharīʿah rulings, which consists of rulings that are focused towards realising/fulfilling relevant maqāṣid, why is there a debate on Islamic finance realising/fulfilling those maqāṣid in the first place? This research delves into this question, by first exploring the philosophy of maqāṣid al-sharīʿah in relation to Islamic finance, and thereafter gains an insight into the minds of two contemporary Sharīʿah Supervisory Board scholars pertaining to the philosophy in question.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"1 1","pages":"1-31"},"PeriodicalIF":0.3,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48063645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-21DOI: 10.1163/15730255-BJA10073
Atul Alexander, Anushna Mishra
The International Court of Justice (ICJ) is the principal judicial organ under the United Nations (UN) competent to decide cases submitted by the States. The Jurisdiction of the ICJ is derived from Article 36 of the ICJ statute; further, the ICJ is competent to render advisory opinions when requested by the organs and specialised agencies of the UN. Before proceeding to the merits of the case, the ICJ has to satisfy that it has jurisdiction to decide upon the case. Moreover, the decisions of the ICJ are binding without appeal, except in cases involving revision. This article briefly analyses the Appeal Relating to the Jurisdiction of the International Civil Aviation Organisation Council (ICAO Council) under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar).
{"title":"Appellate Jurisdiction of International Court of Justice: Old Wine in New Bottle","authors":"Atul Alexander, Anushna Mishra","doi":"10.1163/15730255-BJA10073","DOIUrl":"https://doi.org/10.1163/15730255-BJA10073","url":null,"abstract":"\u0000The International Court of Justice (ICJ) is the principal judicial organ under the United Nations (UN) competent to decide cases submitted by the States. The Jurisdiction of the ICJ is derived from Article 36 of the ICJ statute; further, the ICJ is competent to render advisory opinions when requested by the organs and specialised agencies of the UN. Before proceeding to the merits of the case, the ICJ has to satisfy that it has jurisdiction to decide upon the case. Moreover, the decisions of the ICJ are binding without appeal, except in cases involving revision. This article briefly analyses the Appeal Relating to the Jurisdiction of the International Civil Aviation Organisation Council (ICAO Council) under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar).","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":"1-6"},"PeriodicalIF":0.3,"publicationDate":"2021-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45962393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-21DOI: 10.1163/15730255-BJA10072
O. Dar
{"title":"Islam and Good Governance: A Political Philosophy of Ihsan, written by M.A. Muqtedar Khan","authors":"O. Dar","doi":"10.1163/15730255-BJA10072","DOIUrl":"https://doi.org/10.1163/15730255-BJA10072","url":null,"abstract":"","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"1 1","pages":"1-6"},"PeriodicalIF":0.3,"publicationDate":"2021-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44693653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-21DOI: 10.1163/15730255-bja10014
O. Mahmood
Article 2 of the Iraqi Constitution of 2005, which states that Iraq is a modern Islamic constitutional democracy, contains a ‘repugnancy clause’, prohibiting enactment of any law contrary to Islam’s settled rulings, principles of democracy, and rights guaranteed in the Constitution. This clause allows the Constitutional Court to invalidate laws that violate the Constitution. Currently, the Iraqi Federal Supreme Court’s method for determining whether a particular law is repugnant to the Constitution and Islamic settled rulings as per Article 2 is inconsistent and arbitrary. Here the core question is: What is the best way to successfully implement the Iraqi Constitution’s Repugnancy Clause? We propose an approach focusing on maqāṣid, the classical Islamic concept meaning Sharīʿah’s intent, purpose, or objectives that will also fulfil the other purposes of Article 2 to ensure that the law is consistent with the principles of democracy and the principles of human rights.
{"title":"A New Basis for Judicial Review in Iraq","authors":"O. Mahmood","doi":"10.1163/15730255-bja10014","DOIUrl":"https://doi.org/10.1163/15730255-bja10014","url":null,"abstract":"\u0000Article 2 of the Iraqi Constitution of 2005, which states that Iraq is a modern Islamic constitutional democracy, contains a ‘repugnancy clause’, prohibiting enactment of any law contrary to Islam’s settled rulings, principles of democracy, and rights guaranteed in the Constitution. This clause allows the Constitutional Court to invalidate laws that violate the Constitution. Currently, the Iraqi Federal Supreme Court’s method for determining whether a particular law is repugnant to the Constitution and Islamic settled rulings as per Article 2 is inconsistent and arbitrary. Here the core question is: What is the best way to successfully implement the Iraqi Constitution’s Repugnancy Clause? We propose an approach focusing on maqāṣid, the classical Islamic concept meaning Sharīʿah’s intent, purpose, or objectives that will also fulfil the other purposes of Article 2 to ensure that the law is consistent with the principles of democracy and the principles of human rights.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":"1-37"},"PeriodicalIF":0.3,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45925834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-14DOI: 10.1163/15730255-bja10071
Björn Bentlage
{"title":"Islamisches Familien-und Erbrecht der Arabischen Länder: Herausforderungen und Reformen, written by Hans-Georg Ebert","authors":"Björn Bentlage","doi":"10.1163/15730255-bja10071","DOIUrl":"https://doi.org/10.1163/15730255-bja10071","url":null,"abstract":"","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48413228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-12DOI: 10.1163/15730255-bja10069
Sarah Alkandari
Amid the eruption of a fiscal crisis from declining oil prices and the rise of economic diversification initiatives to foster private-sector development, members of the Gulf Cooperation Council (GCC) have increasingly recognised the importance of privatisation as a reform measure for underperforming state-owned entities. This article reviews the surrounding objectives of privatisation and presents an optimal privatisation programme structure for GCC policymakers that caters to the requirements of the modern day. Lessons learnt from privatisations of developed countries may not be directly applicable; thus, the recent success case in the region embodied by the Kuwait Stock Exchange privatisation is incorporated to settle upon a recommended privatisation programme structure relevant to the GCC. Though the fiscal crisis for the GCC is only beginning, rushing towards privatisation without careful planning of the programme is inexcusable.
{"title":"Restructuring Privatisation Programmes in the Gulf Cooperation Council: Lessons from the Kuwait Stock Exchange","authors":"Sarah Alkandari","doi":"10.1163/15730255-bja10069","DOIUrl":"https://doi.org/10.1163/15730255-bja10069","url":null,"abstract":"Amid the eruption of a fiscal crisis from declining oil prices and the rise of economic diversification initiatives to foster private-sector development, members of the Gulf Cooperation Council (GCC) have increasingly recognised the importance of privatisation as a reform measure for underperforming state-owned entities. This article reviews the surrounding objectives of privatisation and presents an optimal privatisation programme structure for GCC policymakers that caters to the requirements of the modern day. Lessons learnt from privatisations of developed countries may not be directly applicable; thus, the recent success case in the region embodied by the Kuwait Stock Exchange privatisation is incorporated to settle upon a recommended privatisation programme structure relevant to the GCC. Though the fiscal crisis for the GCC is only beginning, rushing towards privatisation without careful planning of the programme is inexcusable.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48570396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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