It follows that no foreign judgement nor any contractual provision contrary to Islamic principles may be enforced in Saudi Arabia.
Having reviewed briefly the manner and the extent of the application of Sharia in certain Arab countries, we shall deal with the prohibition of interest so called in Arabic "Riba in a separate article. The Special Commission which prepared the amendment of the Constitution in reported that the purpose of article 2 of the Constitution is: Sharia may apply either directly as a common law of the country, where there is no fully developed codified legal system, or indirectly through the application of statute law based fully or partly on Islamic law, or as a source of law to fill legislative gaps when a particular statute lacks the necessary provisions.
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The students should feel free to contact our customer executives 24X7 for any kind of professional assistance. Law BaghdadDip. Related to the same issue and in a separate article we shall deal with the concept and the prohibition of interest under Islamic law as well as a short outline on Islamic Banking, referring to certain model contracts which have been used in financing construction and other projects.
The extent of the application of Sharia was raised in a number of cases in the highest court of appeal in UAE. Even excessive penalty clauses in a contract may be held unenforceable by the Saudi courts, based on the general principles of Sharia.
The team keep the students posted on the progress of work and resolves their queries. And in the absence of the applicable custom or principles of Sharia, the general principles of justice shall be applicable.
For a businessman who concludes for example a contract with a Saudi company including provisions for interests, or for a group of banks which provide syndicated loans to a Saudi client, it is indeed advisable to see whether the terms of their contract are valid or enforceable under Islamic law.
In UAE the matter is somewhat ambiguous, because, while Article 7 of the UAE Constitution has the Sharia as a principal source of legislation, Article 75 of the Law of the Union Supreme Court of provides that the Supreme Court shall first apply Sharia and other laws in force if conforming to the Sharia principles.
Whether this has been complied with is another question, as we shall see later. But, it is for the legislator to implement that when enacting new legislation6, as we shall elaborate later.
We have the expertise to handle last minute request with tight deadlines. Al Azhar contended that the provisions of the Civil Code granting interest such as Article 0f the Egyptian Civil Code became unconstitutional in view of the amended Article 2 of the Constitution, which adopted Sharia as THE main source of legislation.
Though Sharia is the common law of the country, Saudi Arabia has enacted a great number of legislations, the so called "Regulations" covering many fields of law including the Company Law, the Code of Commerce and the Tender Law. Click to Login as an existing user or Register so you can print this article.
Out of this frustration and resentment, extremism is unfortunately breeding. Article 2 of the amended Egyptian constitution, which was amended instated that: The author of the Egyptian Civil Code, Dr. The Majella continued to be applied in most Arab countries after the fall of the Ottoman Empire, until each Arab country developed its own legal system and enacted a Civil Code.
Apart from the provisions of the Constitution, Article 1 of the Civil Code refers to Sharia as the first source of law in case of lack of any legislative provision.
All schools of Islamic jurisprudence rely on the texts of the Quran and the Hadith. Moreover, the final draft is shared with the students so that they can approve it. As stated before,Article 1 of the UAE Civil Code states that in cases when there is no provision in the Civil Code, the judge must first rule in accordance with the Sharia, giving preference to Maliki and Hanbali schools.Buy Essays and Addresses on Arab Laws, by W.M.
Ballantyne, ISBNpublished by Taylor & Francis from ultimedescente.com, the World's Legal Bookshop.
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Gathering together the author’s earlier writings along with essays on recent developments, this text provides essential information for anyone wishing to do business in Arab countries and needing to acquaint themselves with the legal position there. Approx. words / page; Font: 12 point Arial/Times New Roman; Double line spacing; Any citation style (APA, MLA, Chicago/Turabian, Harvard) Free bibliography page.
Get this from a library! Essays and Addresses on Arab Laws. [W M Ballantyne] -- Gathering together the author's earlier writings along with essays on recent developments, this text provides essential information for anyone wishing to do business in Arab countries and needing to. Essays and Addresses on Arab Laws Feb 01, by W.
M. Ballantyne Register of Laws of the Arabian Gulf: Main Work and Supplement Service Aug 07, by W. M. Ballantyne Hardcover. Out of Print--Limited Availability.Download