Arab German Journal of Sharia and Law Sciences (AGJSLS)

The role of the Islamic awakening in refining the tribal judiciary among the Bedouins of southern Palestine and its future in light of the development of globalization concepts

Sami Abu Freih — 2024-10-03

In the Arab world in general, and in many regions of Palestine, a set of tribal and clan customs and traditions prevailed for many decades until they became an integral part of the judicial system in these regions and countries. The study aimed to highlight the issue of the Islamic awakening and its role in refining the tribal judiciary among the Bedouins of southern Palestine and its future in light of the development of globalization concepts. The researcher used the forward-looking analytical approach in his discussion of the topic, based on several personal interviews with notables in the region.

The study revealed several results. Among them are that the Islamic awakening refined the tribal judiciary, dressed it in the guise of religion at times, heavily resisted those who violated the Sharia, and supported those that were compatible with the Sharia. However, its impact on it is still weak. The study also showed that globalization plays a destructive role against the tribal judiciary if we do not protect ourselves from it, and a beneficial role for it if we choose well what we need from it without taking everything that it offers as a whole. The study came up with recommendations, including: the need to benefit in the future from openness to the other world through globalization, so that tribe members can communicate with each other and with others, whilst ensuring that people are protected from being affected by the negative culture of others.

Criminal Policy and Economics: Manifestations and Limits of Influence and Vulnerability, Business Law in Moroccan Legislation as a Model

Saadia Majidi — 2024-06-15

Economic development in the modern era has led to the emergence of crimes different from traditional crimes that affect the national economy and develop alongside the development of the economic and social life of individuals and societies. This has prompted legislators to enact legal rules regulating these matters. The Moroccan legal system related to trade and business has witnessed a radical transformation over the past decade, represented by the amendment of a set of commercial legal texts and the enactment of new ones, as classical criminal law does not accommodate this number of transformations, especially in the field of business.
This study discusses the extent to which the Moroccan legislator has succeeded in controlling business crimes at the level of concept and specificity, and at the level of criminalization and punishment, and the effectiveness of the legal texts included in the criminal law for business in framing and combating business crimes. It aims to approach this topic and suggest possible solutions to address it. It deals with business crimes looking at criminal legitimacy, privacy, and procedures for research and proof in business crimes.
The study concluded that the technical characteristics of the business field negatively affected the formulation of criminal rules and texts for business, especially with regard to the use of broad terms that carry many legal meanings. There is duplication in the texts regulating the field of business, as well as duplication in the bodies that carry out legislation, and confusion among Moroccan legislators in formulating legal texts related to the field of business due to combining the Latin and Anglo-Saxon schools.
The study recommends the need for the independence of criminal law for business, by creating special provisions within codification independent of the codification of criminal law, the need to limit the arbitrary use of authorization, and the need to reduce the intensity of criminalization in the field of business, by adopting a clear and deliberate policy to limit criminalization, limit punishment, and expand the scope of penalties while being inclusive of all the guarantees prescribed for criminal penalties.

The Obligatory Bequest (Will) in Islamic Jurisprudence Compared to Emirati Law

Iyad Ahmad Ibrahim — 2024-06-15

God has legislated the bequest (will) for us from one-third of the wealth, and it should not be for a relative who is an heir. It often happens that a person dies during the lifetime of one of his parents, leaving behind children. When a grandfather or grandmother dies, the grandchildren are withheld from the inheritance and it is divided among their uncles. The obligatory will has recently appeared in law, which has allocated these grandchildren a share of their grandfather’s money in accordance with the law. This study aims to identify the jurisprudential opinions on the issue of the obligatory will, the position of Emirati law regarding the entitlement of grandchildren withheld from the obligatory will, its amount and conditions, and the legal origin of the obligatory will in Islamic jurisprudence. The study concluded that the scholars of the zahiri school of thought were of the view that a will is obligatory, and therefore it is taken from the person’s estate if he dies and did not make a will during his life. Because it is an obligation in their view, the right to it is not forfeited by the death of the person. However, the majority of scholars held that a will is desirable and recommended, so nothing is taken from the deceased’s estate if he did not make a will during his lifetime. Emirati law based its obligation of the will on the opinion of the zahiri scholars, who say that the will is obligatory for anyone other than the heir. Emirati law allocates it to the withheld grandchildren and not the rest of the relatives, so that it is for the son’s children and the daughter’s children, and any of these children’s children. The male is allocated the equivalent of the share of two females. Based on its findings, the study recommends the need for the grandfather to make bequests to his grandchildren during his lifetime as a precaution and to avoid jurisprudential disagreement, and the need to direct people more to be careful about making bequests to their relatives who do not inherit, especially the grandchildren who are withheld from inheritance.