The Impact of Slight Fraud on the Contract: An Analytical Study of Article 189 of the UAE Civil Code

2018 ◽  
Vol 32 (4) ◽  
pp. 531-546
Author(s):  
Iyad Mohammad Jadalhaq
Keyword(s):  
United Arab Emirates ◽  
Terminal Illness ◽  
Analytical Study ◽  
Civil Code ◽  
Islamic Jurisprudence ◽  
Definition Of ◽  
The Impact

Abstract The United Arab Emirates (UAE) legislator has regulated gross fraud in the Civil Code, which derives its provisions from the Hanafi school of Islamic jurisprudence. A penalty was adapted so that when gross fraud has an impact on a contract, the defrauded contracting party can terminate the contract in question. The legislation also regulates slight fraud, but only in two very specific cases. This article aims at determining the accuracy of Article 189 that regulates slight fraud, and then identifies its shortcomings by analysing the cases in which slight fraud affects a contract. It concludes that this text is inaccurate, and suggests the UAE legislator amend Article 189. In addition, we suggest a new definition of terminal illness.

Gross Fraud in the UAE Civil Code: From Its Roots in Islamic Jurisprudence to Contemporary Proposals for Reform

2019 ◽  
Vol 34 (2) ◽  
pp. 109-140
Author(s):  
Iyad Mohammad Jadalhaq
Keyword(s):  
United Arab Emirates ◽  
General Rule ◽  
Civil Code ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
The Right ◽  
The Impact

Abstract The regulations concerning gross fraud instituted by the United Arab Emirates (UAE) legislature in the UAE Civil Code are derived from provisions put forward by the Ḥanafī school of law. A general rule was put forward, and exceptions thereto were set. A certain remedy for gross fraud was instituted, namely, giving the defrauded party the right to terminate the contract. This article determines the comprehensiveness and adequacy of the legal texts dealing with the impact of gross fraud on contracts in the UAE Civil Code, the methods by which balance could be achieved between the interests of the contracting parties, and the means of protecting the defrauded contractor. Furthermore, shortcomings and defects in the existing legal texts that require amendment and reform are highlighted. This study concludes that the legislative treatment of the impact of gross fraud on contracts is insufficient, and advances possible recommendations.

scholarly journals Impact of integration management on performance in the UAE

2022 ◽  
Vol 20 (1) ◽  
pp. 58-68
Author(s):  
Mohammed Alnahhal ◽  
Qasem Alshehhi ◽  
Ahmad Sakhrieh ◽  
Shadi Altawil ◽  
Mosab I. Tabash
Keyword(s):  
Knowledge Transfer ◽  
Organizational Performance ◽  
United Arab Emirates ◽  
Management Practices ◽  
Company Performance ◽  
Supplier Integration ◽  
Integration Management ◽  
And Performance ◽  
Definition Of ◽  
The Impact

Integration management is a significant factor of success in different types of organizations. Yet, the definition of integration management and ways to measure performance in a comprehensive framework need to be investigated in different environments. This paper analyzes the impact of integration management practices on company performance in the United Arab Emirates (UAE). The study uses a questionnaire that was designed with constructs and dimensions following the literature review. The components of integration management are supply chain integration, supplier integration, customer integration, knowledge transfer with customers, and managing knowledge transfer channels with customers. A questionnaire was distributed among organizations in the UAE. Statistical analysis methods were employed to analyze 94 responses, e.g. reliability tests, ANOVA, and correlation analysis. The results show that integration management improves organizational performance to a considerable degree in the UAE. The impact of these practices was positive and significant on the performance of organizations, with an average correlation coefficient of 0.81. The comprehensive assessment for integration best practices and performance and their relationship are done for the first time in the context of the UAE organizations.

scholarly journals The denial of owner's right in the acquisitive possession - Analytical study in the light of Islamic jurisprudence

2020 ◽  
Vol 9 (1) ◽  
pp. 183-206
Author(s):  
Mohammad Ammar Torkmania Ghazal
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Main Argument ◽  
Knowing That ◽  
Islamic Jurisprudence ◽  
The One ◽  
Hearing System ◽  
Over Time

It is well known that in the area of acquisitive possession, if possession lasts a certain period with specific conditions, it is a self-sustaining reason for acquiring ownership. However, in reading the text of Articles 935 and 966 of the Civil Code of Qatar, it is clear that the Qatari legislator adopted a system of prescription different from the Latin system in two things: 1.The Qatari legislator did not consider possession as a source of ownership, but rather as proof of it. 2.The Qatari legislator required the possessor to deny the owner's right before ruling on the ownership of the disputed object, and this is what the research aims to discuss. Knowing that the Egyptian legislator as well as the French did not require denial of this right, the question raised is from where the Qatari legislator came-up with this system, what is its importance, and what are the problems it raises? The importance of this research is reflected in the special nature of the acquisitive possession in Qatari civil law, which is influenced by Islamic jurisprudence on the one hand and positive legislation on the other, and this raises some problems, because the acquisitive possession as a source of ownership is not recognized by Islamic jurisprudence as an attack on the ownership of others. The passage of time is not a reason to gain ownership. However, Islamic jurisprudence adopts another system close to the acquisitive possession, namely the non-hearing system, which over time considers possession merely evidence that the possessor is the owner. This is where the problem arises in Qatari law, and if it has stipulated denial influenced by Islamic jurisprudence, which considers continued possession as evidence of ownership and not as a source, then why is the possessor exempt from disclosing the reason for his possession? That is the main argument of this this research.

scholarly journals Bases of turning and exposure- An analytical study: قاعدتا الانعطاف والانكشاف - دراسة تحليلية-

2018 ◽  
Vol 2 (3) ◽  
Author(s):  
Hajar Khalifa Akour
Keyword(s):  
Analytical Study ◽  
Islamic Jurisprudence ◽  
Important Approach ◽  
The Impact

   This research aimed to clarify the meaning of the rules of turning and exposure and exposure، and the legalization of them، with the identification of the point of legitimate estimate، and knowledge of the impact of jurisprudence by striking some examples of jurisprudence on them، and the study of appreciation of the scholars A and its references to the fundamentals of Islamic jurisprudence and jurisprudence، the researcher followed the method inductive and analytical، And reached the researcher that the estimates of legitimacy is an important approach in the Islamic jurisprudence، and the diligent must take into account the tasks of things، and the turn of the sentences، before the issuance of the legitimacy.  

scholarly journals Controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence: comparative analytical study: ضوابط الشروط المقترنة بالعقود في القانون المدني البحريني والفقه الإسلامي: دراسة تحليلية مقارنة

2021 ◽  
Vol 5 (15) ◽  
pp. 125-104
Author(s):  
Abdullah Mohammed Ali Al. Mekhlafi Abdullah Mohammed Ali Al. Mekhlafi
Keyword(s):  
Public Interest ◽  
Analytical Study ◽  
Civil Law ◽  
Private Interest ◽  
The Public ◽  
Islamic Jurisprudence ◽  
Civil Laws ◽  
Legal Controls ◽  
Financial Transactions ◽  
The Impact

This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.

scholarly journals The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence

2019 ◽  
Vol 34 (1) ◽  
pp. 74-106
Author(s):  
صالح أحمد اللهيبي
Keyword(s):  
Comparative Study ◽  
Supreme Court ◽  
United Arab Emirates ◽  
Civil Law ◽  
Civil Code ◽  
Historical Source ◽  
General Orientation ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Federal Supreme

This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordanian, but they do not abide by the amendment of the subsequent texts which should be amended in accordance with the previous amendment. In this paper, we dealt with the issues that we find most important in relation to the harmful act of harm, direct initiator and the cause of harm. , The harmed gathering between the wergild and compensation, and the position of the Federal Supreme Court and the Court of Dubai discrimination of these topics, and then concluded from this study several results such as a conflict between the provisions of the law of civil transactions UAE, and the base if met direct initiator and the cause of the addition of the act to the direct without the culprit is the basis You need to modify and add a lot of situations that require adding the verb to the sub-direct cause.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

Empowering Women Entrepreneurs Through Microfinance - A Case of Rural Bangladesh

2017 ◽  
Vol 3 (2) ◽  
pp. 7
Author(s):  
Saida Parvin
Keyword(s):  
Women's Empowerment ◽  
Assessment Tools ◽  
Women’S Empowerment ◽  
Case Study Method ◽  
Policy Makers ◽  
Theoretical Contribution ◽  
Donor Agencies ◽  
Definition Of ◽  
The Impact

Women’s empowerment has been at the centre of research focus for many decades. Extant literature examined the process, outcome and various challenges. Some claimed substantial success, while others contradicted with evidence of failure. But the success remains a matter of debate due to lack of empirical evidence of actual empowerment of women around the world. The current study aimed to address this gap by taking a case study method. The study critically evaluates 20 cases carefully sampled to include representatives from the entire country of Bangladesh. The study demonstrates popular beliefs about microfinance often misguide even the borrowers and they start living in a fabricated feeling of empowerment, facing real challenges to achieve true empowerment in their lives. The impact of this finding is twofold; firstly there is a theoretical contribution, where the definition of women’s empowerment is proposed to be revisited considering findings from these cases. And lastly, the policy makers at governmental and non-governmental organisations, and multinational donor agencies need to revise their assessment tools for funding.

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