Jurisdiction of UAE Courts in Litigating International Digital Health Disputes

Published in: The 2024 Global Digital Health Knowledge Exchange & Empowerment Conference

Sep 24, 2024

An analytical study of the rules of the international jurisdiction of the United Arab Emirates (UAE) Courts and its application to disputes related to digital health services to demonstrate appropriateness of these rules and assess the need to adjust them to suit the ongoing advancing technology and its application in digital health services. The study addresses applications of these rules such as determining the domicile in digital environment through two sections, the first examined the application of personal jurisdiction rules and the second addressed the challenges of applying these rules on digital health disputes.

Rationale Verification and Its Applications in Judicial Discretion

Published in: The Islamic Quarterly

Sep 20, 2024

Maher Haswa Suhaib Sharaiyra

This study addresses the verification of the rationale (for judgments) according to Islamic jurisprudence, its types, and the approaches for its application in practice, as well as the extent of applicability of judicial discretion to it. The study reveals that there are five approaches for rationale verification, in both its general and particular types. These approaches are, namely, the linguistic, customary, rational, sensory and the factual approach. The study manifests all the five approaches through judicial applications, particularly in the Jordanian Sharī‛ah (family) courts, and emphasizes the importance of combining the foundational and practical aspects that link the two aspects in terms of theory, application, and analysis.

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 jurists who permit insurance contracts through a holistic view approach, contrary to the traditional view. The study distinguishes between ḥāǧah (necessity) in the jurisprudential sense, general necessity as expressed in the objectives of the lawgiver, from the concept of ḍarūrah (essentiality). Furthermore, the study highlights an important jurisprudential rule that has direct effect on the permissibility of insurance contracts, i.e., ‘what is forbidden for the prevention of the means (of corruption) is permitted for the preponderant interest’.

Online Sales Contracts: A Study of the UAE Law

Published in: Journal of Legal, Ethical and Regulatory Issues

Jun 01, 2019

Suhaib Sharaiyra Zeyad Alenizi

Online sales contracts are concluded between parties who are not necessarily present in the same location, and who are usually located in different countries having different legal jurisdictions. This fact gives rise to several issues including the determination of the applicable law to online sales. Thus, this analytical study endeavors to examine the adequacy of UAE legal rules in determining the applicable law to online sales contracts, and analyze the solutions presented by the UAE legislator, if any, for determining the same. The study concludes that the main issue in determining the applicable law to online sales contracts lies in determining the place of conclusion of the contract. The study further concludes that the UAE legislator solved this issue by presuming a certain place as the place of conclusion of the contract regardless of the actual location of its conclusion. The study suggests the insertion in the UAE law of a provision that takes into consideration the actual place of conclusion of the contract where such place is capable of being determined.

The Effect of ‘Motive’ on Characterising Organised Tawarruq

Published in: Arab Law Quarterly

Apr 01, 2019

Suhaib Sharaiyra Maher Haswa

This article aims to discuss the effect of motive of organised tawarruq parties on its permissibility and to shed light on the importance of considering the overall objectives and goals of Sharīʿah when conducting transactions. An analytical and deductive approach is used to examine the reality of organised tawarruq ( al-tawarruq al-munaẓẓam ) and the motive behind it as well as the validity of reference to and conception of the texts used in support thereof. The discussion concludes the presence of misinterpretations of the Sharīʿah texts referred to in support of organised tawarruq , as well as obvious overlooking of the motives behind it, which should have led to the exclusion of organised tawarruq from the permissible modes of Islamic finance. This article provides a comprehensive view of organised tawarruq , in terms of its motive, form and substance, in order to assist in reviewing the capability of its use as a financing tool.

The Compatibility of the UAE & Bahraini Legislations in Determining the Time of Conclusion of Electronic Contracts with International Trends

Published in: Global Business & Economics Anthology

Mar 01, 2017

Suhaib Sharaiyra Zeyad Alenizi

The use of electronic means to conclude contracts necessitates the determination of the time of the conclusion of those contracts. This is important in order to determine the term of the contract, its enforceability, as well as determine the capacity of the contracting parties. This paper aims to address this issue as regulated in the Bahraini and Emirate legislations in light of the United Nations’ ECC. To arrive at this, it is necessary to address the issues raised by electronic communications and underline the provisions of electronic transactions laws relating to the time of transmission and receipt of electronic messages.

Criminal Procedures Related to the Insane Accused and their Effect on Civil Litigation under the UAE Legislation

Published in: Dirasat Shariah & Law Sciences

Oct 01, 2016

Suhaib Sharaiyra Abdullah Ehjelah

This study addresses the provisions of the UAE Criminal Procedure Law related to the accused that is insane at the time of committing the crime. The importance of addressing those provisions stems from the lack of legal provisions that specifically identify the role of the public prosecution with regard to the procedures to be followed to determine the insanity of the accused at the time of commission of the crime. This study further addresses the investigation and trial procedures related to the insane accused, as the UAE Criminal Procedure Law does not address the effect of the discontinuation of the investigation and trial procedures on other procedures that are not related to the accused’s person, such as hearing witnesses or delegating experts. This study also extends to cover the effect of such procedures on the commencement of any civil actions/claims made in relation to the crime before either the civil or criminal courts. This study is primarily based on analyzing the UAE substantive and procedural provisions related to the subject, with the aid of the judicial precedents of the UAE judiciary, for the purpose of identifying the gaps, if any, in the UAE legislation, and suggesting solutions to cover such gaps. Finally, this study focuses on two main issues: first, the criminal procedures related to the accused who suffers insanity and, second, the effect of such procedures on the commencement of any related civil actions/claims.

The Applicability of UAE Conflict of Laws Rules Related to Property and Persons to Electronic Transactions

Published in: Humanities and Social Sciences Review

Jan 01, 2016

Suhaib Sharaiyra Zeyad Alenizi

The conclusion of legal transactions through modern means of communications raises several legal issues, such as the issue of proving such transactions or the issue of determining the time and place of their conclusion, etc. Additionally, several questions come into mind regarding electronic transactions: Does such utilization of modern means of communications bring about the issue of determining the applicable law to the transaction? Can the conventional conflict of laws rules be applied to such electronic transactions? Or are these rules in need for amendment? This study aims at answering these questions by examining the UAE conflict of laws rules related to persons and property, highlighting the applicable rules, if any, as well as those in need for amendment due to the issues they raise.