11 research outputs found
المركز القانوني لطرفي علاقة العمل في ظل جائحة (كوفيد-19): حالة قطر وفلسطين
No full textتناولت الدراسة أثر فيروس كورونا (كوفيد-19) على عقود العمل في قانوني العمل القطري والفلسطيني، في الوقت الذي خلا فيه هذان القانونان من نصوص خاصة وصريحة تعالج الحالة محل البحث. استخدمت الدراسة المنهج التحليلي المقارن لتكييف الجائحة، والتدابير الحكومية المتخذة بصددها، وإسقاط نتيجة هذا التكييف على عقود العمل، وما يحتمل أن ينشأ عنها من نزاعات. هدفت الدراسة إلى التوصل لحلول قانونية لهذه النزاعات المختلفة بما ينسجم مع قانون العمل ومصادره المختلفة، والقانون المدني. وخلصت إلى عدم ملائمة النصوص الحالية في قوانين العمل، والقواعد العامة في نظريتي القوة القاهرة والظروف الطارئة، ما يستدعي إجراء تدخلات تشريعية؛ لمعالجة آثار الحوادث العامة الاستثنائية، وإغلاق المنشآت، على التزامات طرفي علاقة العمل، حفاظًا على أداء الاقتصاد الوطني، ورفعًا للضرر عن المتعاقدين بشكل عادلThe study addressed the impact of the Corona virus (Covid-19) on labour contracts in Qatari and Palestinian labor laws, while these two laws did not include special and explicit provisions dealing with the case in question. The study used the comparative analytical method to characterize the pandemic, and the governmental measures taken in this regard, to apply the result of this characterization to labour contracts and the potential disputes that arise therefrom. The study aimed at finding legal solutions to these various disputes in a manner consistent with the labor law, its various sources, and the civil law. It is concluded that the current legal texts in labor laws and the general rules of the theories of force majeure and hardship are not appropriate in such a context. Accordingly, the study calls for legislative interventions to address the impact of unusual public incidents and closure of facilities on the obligations of parties to labor relatio
Climate Justice in the Palestinian Legal System: Analysis and Proposals for Reform
No full textThis article examines the legal treatment of climate change matters in the Palestinian legislation. To assess the adequacy of current legislation, the article starts by looking at the amended Basic Law of 2003, as a temporary constitution. It then looks at laws relevant to various environmental elements and energy, and finally explores options for reform. It is found that several legal aspects of environment justice are already addressed by national legislation. Nonetheless, key legal and regulatory provisions on climate change concerns, in particular mitigation and adaptation, are still need to be developed. The article recommends appropriate legislative instruments to fill gaps in the overall existing legal framework, including the creation of a well-architected institutional framework, with clear jurisdiction and responsibilities, among competent authorities; to enhance national and sectoral strategies and plans for mitigation and adaptation to climate change. A national highly-transparent Environment and Climate Change Fund has also been suggested; to sustain the national ability in financing environmental and climate change activities. </jats:p
Formation of contract under the Islamic Majallah and UNIDROIT Principles of 2010
No full textPeer-reviewedThis article focuses on the rules for creating contracts under the Islamic Majallah and UNIDROIT Principles of 2010. The research uses an analytical approach and comparative Arab jurisprudence. To compare the Majallah and UNIDROIT Principles academically, this article’s focus is especially on countries where the civil law originated from the Majallah. Such countries include Jordan, Kuwait, and the United Arab Emirates. Here we show that the Majallah generally agrees with the UNIDROIT Principles regarding the rules of contract formation. The main points of disagreement between the two are seen in a very limited number of concepts
Compensability of moral damage in Islamic contract law: A comparative analysis of the Palestinian, Jordanian and Qatari civil codes
No full text© 2019 Brill Academic Publishers. All rights reserved. This study explores Islamic law's position towards the compensation of natural and juridical persons for moral damage within the scope of contractual liability in view of divergent and unclear legal and judicial opinions in Arab countries. One line of argument makes a distinction in the approach to tort and contractual liability. As a result, courts have been influenced by these opinions. In contrast, other jurists have not taken great pains to reach a different discretion in search of the truth. To enrich this study, to ensure a sound interpretation of the true situation, and in an attempt to draw a closer link between the positions of Islamic law and Latin law, the study provides a comparison between the civil codes of three Arab countries: Palestine, Jordan and Qatar
The Challenge of the Enforcement of the Rule of Law and Governance in Palestine: The Tribal Justice System and the Rule of Power
No full textThe article addresses the system of tribal justice and the rule of power in the Occupied Palestinian Territories as two key obstacles to the enforcement of the rule of law and governance. The article presents the legal grounds for the involvement of tribesmen in resolving disputes among citizens outside the rule of law. It goes on to analyze the role and interest of the executive authority in encouraging the involvement of tribes while the authority continues to interfere in the affairs of the official judiciary in both functional and structural terms. It also explores a number of illegal legislative and regulatory interventions made by the president of the executive authority with the effect of undermining official institutions supporting good governance and transparency. The article finds that it is impossible to enforce the rule of law in the Occupied Palestinian Territories as a result of existing practices that are difficult to change without renewing constitutional legitimacy by referring to the people as the source of authority for criminalizing any act contrary to or impeding the rule of law, or impeding or encroaching on the jurisdiction of the official judiciary
Consensual Renegotiation of Contracts in Changed Circumstances: A Comparison of Qatari, Indonesian and Saudi Civil Laws
No full textThis paper tackles the issue of contract renegotiation due to changed circumstances that render performance of the obligor’s duties excessively onerous. Whereas Article 171(2) of the 2004 Qatar Civil Law (QCL) only acknowledges a judicial apparatus to restore contract equilibrium in changed circumstances (adaptation of contract by court), Article 97 of the 2023 Saudi Civil Transactions Law (SCTL) not only recognizes a judicial solution but also a consensual one (contract renegotiation), while the Indonesian Civil Code (ICC) fails to directly regulate hardship or consensual renegotiation. The main objective of this paper is to show the advantages of consensual renegotiation compared to adaptation of contract by court. The paper adopts descriptive, analytical, and comparative approaches to understand the reasons behind this consensual mechanism in SCTL (and QCL) and how it better serves the contracting parties’ interests. The Qatari/Saudi comparison serves as a basis for a proposed reform of the ICC. The conclusion states some important findings and recommendations. To keep the contract on solid footing and to better salvage the parties’ interests, some changes to the Qatari, Indonesian, and Saudi civil laws are proposed. The paper’s most significant recommendation is that Article QCL and ICC should expressly adopt the consensual renegotiation apparatus. Additionally, both Article 171(2) QCL and Article 97 SCTL should directly require the obligor to notify the obligee of the changed circumstances and should require the obligee to mitigate the obligor’s loss resulting from the changed circumstances. Finally, the ICC should formally adopt hardship and contract renegotiation by the parties
Predictors of Emirati Marital Satisfaction: Contributions of Psychological Health and Family Functioning
No full text© The Author(s) 2019. Based on previous work on factors predicting marital satisfaction in Emirati society, this study aimed at examining whether anxiety and depression as well as perceived family functioning would predict marital satisfaction among a sample of 1,041 Emirati married individuals. Participants responded to the Emirati Marital Satisfaction Scale along with an Arabic translation of the General Functioning (GF12) subscale of the McMaster Family Assessment Device and the Primary Care Anxiety and Depression Scale. Marital satisfaction negatively correlated with lower levels of family functioning as well as to depression and anxiety. Lower levels of depression and anxiety as well as healthy family functioning together explained about 50% of the variance in the marital satisfaction. The interaction between gender and depression and anxiety was insignificant. Findings are discussed within the United Arab Emirates cultural context
Perspectives on the status of the teaching profession in Pakistan: an investigation of trainee teachers’ reasons for choosing the teaching profession, the role of the teacher and problems faced by trainee teachers
No full textThis thesis mainly analyses the trainee teachers’ reasons for choosing the teaching profession, the problems faced by them, perceptions about the role of a teacher and views about the status of the teaching profession in Pakistan. This study considered both trainee teachers and teacher trainers from a Teacher Training Institute, to examine the reasons for choosing the teaching profession in Pakistan. To seek the answer to the research questions of this study, grounded theory procedures are used to explore the views of participants and to provide an in-depth understanding in a particular context. In this research study, the research data are collected from three groups of participants by conducting one-to-one interviews and focus group discussions.
On the basis of the views of research participants, four major research categories are established and under each research category different sub categories are formed. It is reflected in the findings of this study that trainee teachers face many problems and difficulties in the Teacher Training Institute. Data analysis indicates the teaching profession is often associated with low achievers and poor people. It is also considered a respected profession and trainee teachers have a desire to bring positive changes to Pakistani society by adopting the teaching profession. Furthermore, teachers have a significant role in Pakistani society as there are very high expectations of a teacher; and many good qualities, roles and responsibilities are associated with a teacher. The results of this study indicate there is a great influence from the social, cultural and religious norms of Pakistani society on the participants' perceptions and understanding about the different aspects of this study
