Browsing by Author "Laeba, Muhammad, Ph.D"

The objection is considered as the most important legal method of reviewing the judicial provisions. The Saudi legislator has specified in the Saudi Civil Procedure Law the grounds for objection either in the appeal, cassation or petition for reconsideration. Those grounds were presented as a whole and circular particularly the appeal. But this is what the researcher sees as a barrier to the achievement of justice in which it requires further clarification and disclosure. Also, it needs a disclosure of the legal nature of the objection to the Commercial Judicial Provisions and its methods in Saudi Civil Procedures Law for the year of 1435H- 2013G in addition to the Commercial Judicial Law for the year of 1441H – 2020G. Also, identifying the legal rules and elements of the judicial provisions, and indicating the legal relationship of those elements to the objection of the judicial provisions. So, in order to fill this gap, the researcher has pursued several methods to study this matter. First, using the extrapolation method by tracking and inducting the legal scripts of objection, the regulations, the circulars, and judicial provisions. Then, using the descriptive analytical approach to analyze the scripts that dealt with the provisions of objection and its rules, and trying to remediate the shortcoming that could be used against the judicial provisions legally and the importance of the research to the judges and lawyers. The researcher concluded that the grounds of objection by cassation and petition for reconsideration are limited, but the grounds of objection by appealing are unconfined. Moreover, the Saudi legislator has not mentioned the sanctions on many procedures such as invalidity in which it remediates the grounds for objecting to the related provisions. The study recommended the importance of issuing an explanatory memorandum for the Saudi Civil Procedures Law and the Commercial Judicial Law to avoid the jurisprudence or the jurisprudence in interpreting the scripts, and issuing a legal draft as an integrated project that contains the grounds for objecting to the judicial provisions.

The Study aims to discuss the issue of insolvency and its application in Saudi Arabia court by defining its general and legal meaning under the Saudi Arabia Law. There are few legal problems found in the implementation of the law i.e, there are lacunae in the law in terms of absence of some important legal provisions which are related to the insolvency lawsuits. The study also deals with the practical aspects of debtor’s insolvency as applied by Saudi Arabia Courts in terms of lawsuit’s procedures and the appeal process against the judgment which have been made. The researcher uses the descriptive and inductive method and the practical method in formation of the research. Several findings have been discovered which includes the Lack of collective liquidation in civil insolvency unlike in the case of commercial bankruptcy, and the permissibility of declaring debtor’s bankruptcy, if he stops the repayment of his debt. The study also points out the difference between insolvency and bankruptcy, where the former is specifically related to non-commercial deptors and the latter is related to commercial debtors. Moreover, there is a great development found in the Precautionary Reservation Procedures in Saudi Arabia Legal System. Based on the findings, the researcher concludes that precautionary seizure is very important in the confiscation and reservation of debtor’s wealth for the purpose of settlement of debts before he disposes through sale, hiding or fraud.

The research is aimed at presenting the aspects of criminal protection when a juvenile delinquent is held accountable as defined by Omani law. It deals with the concept of a delinquent juvenile and criminal protection, the principles of protection for juvenile justice and its preventive, restorative and pastoral systems, as well as the prescribed protection for the freedom, reputation, and defense of a juvenile delinquent as defined by Omani law in light of international conventions and the provisions of Islamic law “Shari’ah”. The crux of the issue revolves around the fact that the legislative texts in the Omani law are, in some respects, inadequate to provide a fair procedural criminal protection for a delinquent juvenile, resulting in his treatment to the process of investigation, the trial and the delay in the adjudication of his case. As there are deficiencies in the work of the judiciary and assisting it in its dealings with the delinquent juvenile could cast doubts on its effectiveness for achieving the goal of reforming the delinquent juvenile. The research aims at presenting procedural criminal protection aspects for delinquent juveniles as defined by the Omani law. The study also looks into the applied reality of this protection in the judicial institution, and institutions concerned with the justice of delinquent juveniles, and then proposes appropriate remedies in light of best practices in international covenants and the provisions of Islamic law “Shari’ah”. The research is based on several scientific approaches, namely: inductive methods, analytical methods, comparative methods and practical approaches. The research concludes that the law of Oman has the necessary means of criminal protection of the juvenile delinquent which adheres with international law that guarantees a fair trial. However, the legislative aspect would have to urgently deal with legal loopholes where the practical aspect shows a number of practical problems and misconduct which tend to violate the criminal protection of the juvenile delinquent. This in turn will necessitate some legislative amendments to the legal texts and the practical procedures for the full criminal protection of the juvenile delinquent awaiting trial.

The UAE contributes to 20% of the Islamic financial industry market globally، and ranks second in the Islamic finance sector to Malaysia. Due to this growth in this sector it has necessitated keeping up with it in terms of legislation and regulation، as the nature of the financial disputes، which relates to the Islamic finance sector in particular، requires an effective mechanism for settlement in a manner that does not conflict with the provisions of Shariah and international laws. Given the nature of the fundamental differences between Islamic and traditional financial institutions، it is not logical that both of them are subject to the same legal systems that are applied in ordinary jurisdictions without regard to the characteristics that characterize each other. Here comes the role of alternative dispute resolution (ADR)، which Arbitration is one of the best known، which in turn enables the selection of Shariah as applicable law. This research discusses the arbitration process in Islamic finance disputes at various stages، and to identify the most prominent difficulties and challenges they face، and the oversight role of the judiciary towards these procedures and the extent of its intervention. The researcher will use a variety of research methods، such as the inductive، analytical approaches utilising the UAE Arbitration Act (Federal Law No.6 of 2018) and related international and regional agreements ratified by the UAE on arbitration، as well as the standards that support the Islamic financial industry، especially the arbitration standard issued by (AAOIFI) to identify the most prominent problems in this and ways to settle them. It is hoped that several conclusions can be arrived at، the most important of which is that Islamic arbitration with the provisions of Shariah can be applied، and that it differs from traditional arbitration in the aspect of applicable law، and the judgment of the arbitral tribunal be in accordance with the provisions of Shariah even if the parties to the dispute choose not to. Hence، the need to ensure that all formal and substantive arbitration proceedings are in place so that this does not result in the annulment of the arbitration judgement. The importance of the judiciary in the arbitration and the need to support the arbitrator's work، mean that arbitration is not being taken away from its jurisdiction.

Producers and consumers have differences and conflicting views regarding wants and priorities of halal products. While consumers are concerned with the product itself, the producers are more concerned with the benefit and fulfillment of applied standards. Again, the researchers solved these issues by enhancing the legal framework for these products to ensure the Shariah compliance of Halal in products of food, pharmaceuticals, and cosmetic products. To achieve this, the researcher adopted inductive and deductive research methodologies to ensure the Islamic and legal injunction. He also adopted the analytical research method to investigate the standards which are the Malaysian and the Islamic Fiqh Academy halal standards. Thirdly, the researcher adopted the critical and applied research method to first detect the defects of the standards and second to investigate the technical and application issues. Different approaches were used to ensure the legal framework for halal products to protect the rights of both producers and consumers. It was found that both standards have shortcomings regarding the concept of Halal and Shariah compliance concerning. Notwithstanding, the Malaysian standard is better. The research offered several recommendations for improvement. Furthermore, the research attempted to strengthen intellectual property rights and created new principles to ensure a better framework for investment in halal products while safeguarding the substance of halal. Furthermore, the study offered an in-depth investigation of Halal standards taking into account the best international experiences for helping countries who intend to establish Halal industry in general and Libya in particular.

This research paper explains the extortion crime using the social media in Saudi Arabia and how important our role, reaction, feeling to protect our current and upcoming generations. The massive revolution of technology and social media have positively affected the worldwide especially in expedite our formal, commercial, or informational transaction as it saves time, efforts, and consider a cost-effective establishment in all settings. Although many generations with different ages are involved with the social media revolution and using it safely in their daily life at work, study, and entertainment, some are not; especially when they are using it to blackmail others either to have a financial advantage, to hurt them morally, or even to have a specific information as it was explained in details in this research and how other researches findings’ tackled it. The best previous researches findings’, ideas, recommendations that support this interesting topic were carefully selected and were studied in depth. The method of this research was used descriptive analytical approach in which a comprehensive system related to extortion crimes and cases will be presented and analyzed in courts. The conclusion and the recommendation of this research paper are to support other researcher's gap in their studies and/ or to enlighten other individuals; researchers; and communities, and to increase the awareness of using social media safely and avoid the use of suspected sites and/ or individuals who put others’ life at risk. In addition, this study has reach most important result which strict punishment laws and regulations to those who committed extortion crimes has to be applied and it has to be updated based on recent development in laws and information fighting system, thus more protection for individual, community, and national level will be maintained.

This study aims to illustrate and analyze the crime of incitement committed through social media websites in light of Saudi Arabia legislations. For that sake, couple of methodological approaches have been applied; descriptive analytical methods and practical approaches are employed in order to overcome the above-mentioned problem statement. The researcher has started by illustrating the semantic meaning of the crime of incitement committed through the social media websites, highlighting its elements, tools and forms. Thereafter, the researcher provides a thorough description for the social media's characteristics, its influence and its historical development within the virtual area of Saudi Arabia. Then the researcher has moved towards the evaluation of the efforts of Saudi Arabia government in confronting the crime of incitement through social media websites. He has evaluated as well, to what extent the Saudi organizer (legislature) and the executive authority have succeeded in limiting the mentioned criminal phenomenon. By doing this, the study has found that the crime of incitement through social media websites is punishable under Saudi laws. It has been enacted that the inciter will be punished similarly to the original actor in crimes of Misdemeanor (Tُazir) not felonies (Hududs). Herein, this study urges the Saudi authorities to establish official departments particularly for the confrontation of cybercrimes at all levels. The establishment of the academic institutions entailed with the traineeship of qualified personnel to address the cybercrimes is highly recommended in Saudi Arabia.

This research aims to shed light on the formulation of the legal framework for free and fair election to the Shura Council in the Sultanate of Oman in a comprehensive and precise manner. This is achieved through studying the general legal jurisprudential foundations of their elections, historical trajectory, types, methods, and conditions. It also involves investigating the principles, foundations, and legal guarantees of free and fair elections, by discussing the electoral system of the Shura Council in the Sultanate of Oman by specifying the relevant committees, their levels, and jurisdictions. This study also examines the rules of electoral campaigning, electoral participation procedures, counting, and announcement of results. Additionally, it also takes into consideration the challenges faced in conducting free and fair elections for the Shura Council in the Sultanate of Oman, identifying electoral crimes, their consequences, and the requirements and possibilities for ensuring free and fair elections. The research problem lies in the need to ascertain the extent to which the legal frameworks for electing members of the Shura Council contribute to achieving the freedom and integrity of elections in the Sultanate of Oman. This research aims to identify the legal frameworks for electing members of the Shura Council and to elucidate their contribution to ensuring the freedom and integrity of elections. It also seeks to examine the electoral system employed for electing members of the Shura Council in the Sultanate of Oman from all its legal and legislative dimensions. This is done to uncover the most significant difficulties that ensure freedom and integrity in the elections of the Shura Council members in the Sultanate of Oman, and to identify the necessary requirements to warrant the achievement of freedom and integrity. This is carried out in order to formulate the legal framework for free and fair elections to the Shura Council in the Sultanate of Oman. The researcher has employed and applied the descriptive-analytical method, the inductive method, and the applied method. This research concluded with a series of findings and recommendations, the most prominent of which is highlighting the shortcomings in current legislative texts and proposing alternative provisions. Additionally, it suggests the codification of certain procedures and the introduction of specific guidelines to ensure the realisation of freedom and integrity in elections.

The Civil Service occupies an important aspect in Kuwaiti society. This is due to the particular importance of the public sector personnel in the country, which has organized employment affairs since the 1950s through the issuance of Kuwait􀂶s first civil service system in 1954. The "Personnel and Retirement System" was approved by the Emir of Kuwait on December 13, 1954, and was implemented on January 1, 1955. The Kuwaiti Constitution of 1962 guaranteed the right to employment and entrusted the ordinary legislature with the order to regulate it. The laws of Civil Service were issued and represented by Decree No. 15 of 1979 regarding the Civil Service Act. This study aims to state the provisions for dismissing a public servant and referring him to retirement under Kuwaiti law, with the objective of remedying the deficiency and shortcomings in referring a public servant to retirement before reaching the legal age, which is considered as arbitrary dismissal. To achieve this objective, the researcher studied the legal texts relating to the public servant. The researcher used a descriptive approach to diagnose the problem, as well as an inductive approach. The researcher then used an analytical approach to study the jurisprudential opinions that are supported by the rulings of the Kuwaiti Court of Cassation. The researcher studied the legal relationship between the public servant and the administration, and discussed the dismissal of employment by a disciplinary and non- disciplinary way. The criteria for the dismissal and termination of the public servant and its implications were also addressed, as were the legal procedures for dismissing the public servant and subsequent referral to retirement. The researcher discussed judicial dismissal as a consequential and supplementary punishment, highlighting the issues regarding the subject of research. The findings of the study include that the Kuwaiti legislature has allowed the personnel to choose the type of work, linked between the right to take up the Civil Service and achieving the common good. Moreover, weak reports are guaranteed to protect the public servant and avoid negative effects, the most important of which is dismissal from employment. It required the causation of the decision; the grievance has been legislated and the matter has been subject to judicial oversight. The researcher identified some recommendations and proposals with the objective of addressing the problems of research, including amending the Kuwaiti Civil Service Act No. 15/1979 and explicitly stipulating that a public servant may be held disciplinary accountable after the end of his service if it is discovered that he committed violations during his service, so as not to go unpunished. A further recommendation would be to work to establish an explicit criteria for the retirement age, especially the retirement of doctors and faculty members in universities, in order to benefit from their service.

The research aims at identifying the difference between the Saudi law and the international laws in combating terrorism and to determine its effectiveness and capabilities of each law to minimizing the crime. The researcher highlights the Kingdom of Saudi Arabia’s policies in dealing with terrorist crimes and preventing them. In order for the researcher to do this, he follows the method of induction and description in engaging the opinions of experts on the field in discussing terrorism issues. The researcher also looks at the method of analysis in describing the laws and legal provisions used in the Kingdom that deals with issues of terrorism as well as international laws. In addition, the researcher uses the comparative approach in highlighting the difference between the Saudi government and the International treaties and laws for combating terrorism and explaining the different approaches used by Saudi Arabia as an Islamic country. The study concludes that there is a clear difference between the Saudi government in the fight against terrorism and international laws, especially in terms of imposing harsh sanctions and strict measures on the perpetrators of the crime of terrorism. The study recommends cooperation and joint actions between countries and international organizations such as the United Nations in combating all terrorism issues and means of financing it. At the same time to provide legal mechanism in combating this crime.

The research aims to uncover the legal framework for organizing trade unions, their functions and the principles of union actions. The study also shows the role played by international conventions and Kuwaiti legislation in overcoming legal problems resulting from union disputes. It also shows the peaceful and coercive means to settle union disputes. In order to achieve this, the researcher collected data and information on the subject through Kuwaiti regulations and laws, making use of Egyptian laws as one of the most prominent and oldest laws among the Arab countries. Using the analytical descriptive method to analyse Kuwaiti and Egyptian laws, as well as the comparative approach to comparing legal texts on legal disputes in Kuwaiti and Egyptian legislation and then the historical method to the history and development of trade unions in Kuwait and Egypt. The research examined the concept, origin and development of trade unions, the legal framework for trade union work, the management of trade union work, the rights of workers, the bodies for the settlement of trade union disputes and the peaceful and coercive means for the settlement of labour disputes. The research concluded that, whatever its pattern, a trade union has the task of defending its members' interests, whether material or moral. Professional problems for its members remain in its humanitarian work, and there are many peaceful and coercive ways and means to settle union disputes. The research recommended that special attention should be paid to trade union freedoms in order to exercise their role in the settlement of labour union disputes, as well as to amending Kuwaiti trade union dispute settlement laws so that the dispute could be resolved expeditiously.

The research aims at revealing the extent of clarity of the articles contained in the civil defense operation and the regulation of violations of procedures and regulations in the civil defense that determine the financial fines of offences. In addition, the researcher states the issues facing the committee in determining the appropriate financial penalty for the violation, through the use of inductive and analytical methods. The researcher started by defining the civil defense and explaining the steps of its development in Saudi Arabia. Then the researcher highlighted the role of the civil defense in the society in the country. Not to mentioned, the role of the committee in reducing the number of offences relating to the violation of procedures and regulation of civil defense through the implementation of financial penalties to the offenders. The researcher then dealt with the provisions related to the financial fine and the importance of its application. Followed by a discussion of the opinions of the scholars on the legitimacy of the issue. In addition the committee needs to control and decide on being strict or lenient in deciding the financial fine for the offences. The researcher then explained the procedures and steps followed according to the regulation from the moment the offence was committed until determining the financial penalties and its implementation. The researcher went on to study the practical aspects of the study. He highlighted some of the issues that were discussed by the committees and explained the main obstacles and challenges faced by the committee, including delaying the decision of the case due to circumstance beyond the control of the committee and the difficulty of estimating the financial penalty between the gravity (severity), repetition and multiplicity of the offences. The researcher found out that the articles and texts included in the procedures and regulations are in need of further clarification and explanations in order to ease the task of the committee. The study recommended the formation of a committee compromising of experts and researchers in the field of Shariah, legal, technical and security in order to review the articles and texts and to reform based on the needs of the modern time.

The study aimed to define the concept of decision by reviewing definitions in jurisprudence and judiciary to distinguish administrative decisions and similar works related to it. This study highlighted the structures, characteristics and types of administrative decisions by studying the literal and terminological meaning of enforcement and execution concept. The study also analyzed the administrative decisions procedures in dealing with administration and individuals as well as mechanisms to inform and justify the administrative decisions before the determined period of execution. The study explored the implementations of enforcement and execution of administrative decisions in the laws and regulations of Kuwait, France and Egypt by examining administrative decisions in rules and regulation of these countries. The study used both the descriptive analytical approach and comparative and applied methodology. This study has found that both Kuwaiti and Egyptian legislators, like many legislators in other countries, do not define the administrative decision; they leave it to the discretionary power of both jurisprudence and judiciary, although the administrative judiciary of Kuwait and Egypt agree on a unified definition. The study highlighted there is a difference in jurisprudence and judiciary in determining the elements of the administrative decision and that some of them are unclear between the elements of the decision and the conditions of its validity due to the difference on defining the concept of administrative decision. It also shows similar stand among these countries regarding laws related with enforcement and execution of administrative decisions.