The Islamic Law of Personal StatusJamal J. Nasir Brill Archive, 01.01.1990 - 358 Seiten This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets out the requirements of accounting & record keeping which are obligatory for all traders. There is comprehensive legislation of a range of general commercial matters such as commercial houses, trade names, commercial data, commercial obligations & contracts, sale on deferred terms, sale at action, international sales, commercial pledges & deposits in public depositories. Following this there is detailed regulation of several of the most important specific areas of commercial activity including the different forms of commercial agency, commercial representation, brokerage & carriage of goods & persons. The large section of banking operations is systematic & exhaustive, as is the regulation of actions & transactions involving commercial & financial documents. The last section deals with bankruptcy, composition to avert bankruptcy, the procedures & administration of bankruptcy & its consequences. Article 196 states that the establishment of a Stock Exchange will be subject to the agreement of the Council of Ministers & promulgation of a Federal Law regulating the activity of the Exchange. The Law is presented in a comprehensive & consistent manner & is clear & accessible. An invaluable reference to all those who have business interests in or with the United Arab Emirates. |
Inhalt
The Methodology of Islamic Jurisprudence | 18 |
PERSONAL STATUS IN THE ARAB STATES | 29 |
Conflict of Laws | 37 |
Pillars and Conditions of Marriage Contract | 45 |
Conditions of Validity of the Marriage Contract | 53 |
Permanant and Temporary Marriage | 57 |
Marriage Formalities | 70 |
Effects of Marriage | 76 |
MAINTENANCE FOR DESCENDANTS | 190 |
Maintenance of the Ascendants | 200 |
Guardianship of the Person | 208 |
INHERITANCE | 218 |
Components of the Estate | 225 |
The Sunni Law of Inheritance | 233 |
The Shia Law of Inheritance | 245 |
WILLS | 264 |
Mixed Marriages | 84 |
Entitlement to the Dower | 92 |
Legal Dispute over the Dower | 99 |
DISSOLUTION OF MARRIAGE | 112 |
Dissolution of Marriage by Agreement of the Spouses | 122 |
Dissolution of Marriage by Operation of | 142 |
CHILDS RIGHTS DURING INFANCY | 170 |
WAQF | 274 |
GIFTS HIBA | 281 |
AppendixPresentation Memorandum in the Matter of | 289 |
Bibliography | 343 |
Glossary | 349 |
Häufige Begriffe und Wortgruppen
Abu Zahra according agnate Al-Hilli apply Arab ascendants aunts Baqara beneficiary Chapter child Civil Code condition consanguine brother consent consummation court custody daughter death deceased deceased's deemed defect descendants doctrine dower Druze Egyptian entitled father female fosterage full brother full or consanguine gift grandfather grounds guardian guardianship Hanafis Hanbalis heirs how-high-soever how-low-soever husband Ibid iddat Imam inheritance injury Iraq Iraqi irrevocable divorce Islamic jurists Ithna-Ashari Jaafari Jordan Jordanian Jordanian Article Kharijis khula Kuwaiti Article legal capacity legislator male Malikis marriage contract married matrimonial minor Moroccan Morocco mother Muslim muta marriage non-Muslim parentage parents parties Personal Status Law prohibited degree Prophet propositus provide maintenance Quranic Quranic verse repudiation residuary revocable Shafiis share Sharia provisions Shias sisters spouse Status Law stipulated Sunna Sunnis Sura Syrian Article Talaq testamentary testator thereof thereto Tunisian unless uterine brother valid marriage valid retirement void waqf wife woman Zahiris