Ġarar vs. Jurisprudential Necessity in Commercial Insurance Contracts
Published in: Arab Law Quarterly
Jul 12, 2021
This study deals with the effect of ġarar (uncertainty) and jurisprudential necessity on the Sharīʿah permissibility of commercial insurance contracts, using an analytical and critical approach. The study clarifies the meaning of ġarar, and its effect on contracts, by verifying the effective cause of ġarar, determining its degree, and ascertaining the rationale for its prohibition. The criterion for differentiating between trivial and substantial ġarar is discussed, as well as the views of juri...
Legal Aspects of Movable Antiquities Protection in Jordanian Legislation: An Analytical Critical Study
Published in: Arab Law QuarterlyVolume 37, Issue 1-2, Pages 1 - 422021
Mar 02, 2021
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 c...
The effect of jurisprudence and fundamentalism rules on fatwa guidelines in contemporary epidemics and diseases issues, Taking into account the major goals in Sharia
Sep 30, 2020
Trademark cancellation in terms of commercial and administrative law: A comparison of the UAE and Jordan
Published in: International Journal of Economics and Business Research (Scopus)
Sep 20, 2020
Firas Massadeh
Moustafa Kandeel
Ali A. Massadeh
This paper concerns the method of judicial review in the dismissal of a trademark, from a procedural judicial perspective. The research examines the impact procedural laws can have on substantive laws, in terms of the influence of commercial litigation and civil procedures on one hand, and administrative law procedures on the other, regarding the potential outcomes for dismissing a trademark. In the UAE's unified legal system, the civil/commercial courts review decisions to register trademarks,...
The role of intellectual property laws in creating a favourable environment for investment
Published in: Arab Law Quarterly
Aug 03, 2020
This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE l...
Legislative and intellectual approaches to combatting crimes of terrorism: A comparative analytical study
Published in: Journal of Legal, Ethical and Regulatory IssuesVolume 23, Issue 4, Pages 1 - 141 July 2020
Jul 01, 2020
Crimes of Terrorism are of vital concern to many countries. Due to its severity; many states devoted a significant effort to restrain the crime before happening. This study examines the legislative and intellectual approaches in combating crimes of terrorism. It clarifies in details the concept and characteristics of the crime. Taking into consideration, the Emirati and Jordanian legislator's definition and tools to fight it. Therefore, it outlined in a comparative methodology; the legislative ...