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

Authors

  • صالح أحمد اللهيبي, أ.م.د

DOI:

https://doi.org/10.35246/jols.v34i1.122

Keywords:

UAETrans Civil Actions Law, Islamic Jurisprudence

Abstract

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.

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References

I. . Awad Ahmed Idris, Blood Money (Dia): Between Punishment and Compensation in Comparative Islamic Jurisprudence, Dar al-Hilal Library, Beirut, Lebanon, 1986.
II. . Dr. Adnan Al-Sarhan, Investigations on the Basis of Responsibility for Harmful Action in UAE Law According to its Principles of Islamic Jurisprudence - Comparative Study - Helwan Journal of Legal and Economic Studies, Helwan University, No. 13, 2005.
III. . Dr. Adnan Al-Sarhan, The Illegal Action (Damage) as a Basis for Tort Liability in Islamic Jurisprudence and Jordanian Civil Law, Al-Manara Magazine, Al-Bayt University, Jordan, Vol. II, No. 2, 1997.
IV. . Dr. Adnan Al Sarhan, Punitive Compensation, Comparative Study, Yarmouk Research Journal of Jordan, vol. 13, p. 4, 1997.
V. Dr. Adnan Sarhan, Critical Notes on the First and Second Books of Obligations (Personal Rights) and Contracts of the Civil Transactions Act of the United Arab Emirates, Journal of Sharia and Law, issued by UAE University, Faculty of Law, Year 19, No. 23, 2005.
VI. . Explanatory note to the Jordanian Civil Law, preparation of the technical office of the Jordanian Bar Association, C1, 1992.
VII. Explanatory note to UAE Civil Transactions Law No. 5 of 1985.
VIII. .Ezzeddine bin Abdulsalam, Rules of Judgments, c 2.
IX. . G. viney. L'indemnisation des vitimesd'accidents de la cieculation, LGDJ, 1992: F. CHABAS, le droit des accidents de la circulation apr'es la reforme du 5Juillet 1985. Litec.2e ed. 1985.
X. Ghazi Abu Orabi, Initial Damages and the Causing of Civil Liability for Motor Accidents, presented to the Traffic Safety Conference held in cooperation between the College of Law - Sharjah Mosque and Sharjah Police during the period 13-15/3/2006, published in the Conference Papers, the Legal Center.
XI. .Law No. 1985 on French car accidents.
XII. . Mohammed Sharif Ahmed, Sources of Compliance in Civil Law, Comparative Study of Islamic Jurisprudence, Dar Al-Thaqafa for Publishing and Distribution, Amman, 1999.
XIII. . Mohammed Wahid Al-Din Sawar, General Trends in Jordanian Civil Law, A Study Balanced Between the Concepts of Safety and Arab Blogs, Dar Al-Thaqafa for Publishing and Distribution, Amman, 1996.
XIV. . Muhammad Yousef Al-Zu'bi, Officials of the Bailiff and Motive in Jordanian law, research published in Mu'tah Journal of Studies, Mutah University, Jordan, Vol. 2, No. 1, 1987.
XV. . Mustafa Jamal, Civil Law in its Islamic Form, Sources of Commitment, Fath Printing Press, Alexandria, 1996.
XVI. . Mustafa Zarqa, Damaging Acts and Security in Them, the study and legal drafting based on the texts of Islamic law and jurisprudence from the provisions of the Jordanian Civil Code, Dar Al-Alam, Damascus, 1988.
XVII. . Omar Ahmed Abdullah, The Responsibility of the Individual for his Actions in the UAE Law of Civil Transactions Compared to Egyptian law, House of Arab Renaissance, Cairo, 1995.
XVIII. . Osama Abu Al-Hassan Mujahid, The Concept of Punitive Compensation, presented to the Dubai Police Academy's First Conference on Victims of Crime, held in Dubai for 2004, published in the conference's research.
XIX. .References to Judgments, Laws of the East Website،http://www.eastlaws.com/

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Published

2019-05-29

How to Cite

اللهيبي صالح أحمد. 2019. “The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence”. Journal of Legal Sciences 34 (1): 74-106. https://doi.org/10.35246/jols.v34i1.122.

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