The Islamic Law of Personal Status

Front Cover
Jamal J. Nasir
Brill Archive, Jan 1, 1990 - Law - 358 pages
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.
 

Contents

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
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