Al-Subhi, `Abd al`Aziz `Abd Allah Sa`id and Amanullah, Muhammad (2018) مدى لزوم حكم الحكمين في قانون الاحوال الإماراتي م 2005: دراسة فقهية تحليلية. المجلة الدولية للبحوث الإسلامية والانسانية المتقدمة, 8 (2). pp. 28-46. ISSN 2314-7113 E-ISSN 5809-2289
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Abstract
Islam has given a great concern to the family issues, for it been considered as a whole community itself and the basic root of producing a good generation. Undoubtedly, the arbitration between spouses is an important issue that has a significant impact on marital life. Therefore, this study aims to discuss the extent of the necessity of arbitration between spouses in United Arab Emirates law and Islamic law, as well as the extent of its conformity with the principles of Islamic Shariah, in order to achieve the Shar’ah objectives for which the law of arbitration between spouses was enacted. Analytical method is applied in this research. Lastly, the research has figured out some important results, which among the main ones is the necessity of adherence of both parts to the judgment of the arbitrators in order to preserve marital rights, this is in conformity with the Emirates legislation. As for the intervention’s right given to the judge only by Emirates law, it is mainly for him to consider the percentage of abuse and make a change accordingly, and it does not tamper the essence of judgment, hence the researcher has not found a jurisprudent basis for this statement. Therefore, the researcher recommends that the legislators in the United Arab Emirates reconsider this law.
| Item Type: | Article (Journal) |
|---|---|
| Additional Information: | 3031/62713 |
| Subjects: | K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh |
| Depositing User: | Prof Muhammad Amanullah Amanullah |
| Date Deposited: | 21 Mar 2018 09:16 |
| Last Modified: | 21 Mar 2018 09:16 |
| URI: | http://irep.iium.edu.my/id/eprint/62713 |
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