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Family Business Challenges and their Regulations under UAE Family Business Law 家族企业面临的挑战及其在阿联酋《家族企业法》中的规定
IF 0.3
Arab Law Quarterly Pub Date : 2024-08-13 DOI: 10.1163/15730255-bja10169
Myrna Saad
{"title":"Family Business Challenges and their Regulations under UAE Family Business Law","authors":"Myrna Saad","doi":"10.1163/15730255-bja10169","DOIUrl":"https://doi.org/10.1163/15730255-bja10169","url":null,"abstract":"The United Arab Emirates (<jats:sc>UAE</jats:sc>) has created a unique, comprehensive, and flexible legal framework for regulating the ownership and governance of family companies. This article examines how Federal Decree-Law No. 37 of 2022 on family businesses (the Family Business Law) addresses the main challenges faced by these companies. The article begins with an overview of the various definitions of family businesses, followed by a description of the definition adopted by the Family Business Law. The article then explores how the new law helps family businesses navigate the complexities of growth while preserving family control and the family’s long-term vision. The article further discusses the challenges associated with business continuity and analyses how the Family Business Law establishes robust corporate governance measures to support their long-term continuity and facilitate their transfer across generations.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"58 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142186364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Second Violation of the Sharia Provision: Egypt’s SCC’s Ruling of 12 May 2013, in the Case No. 37/xxxiii (Annotated and Translated) 第二次违反伊斯兰教法条款：埃及最高上诉法院 2013 年 5 月 12 日对第 37/xxxiii 号案件的裁决（注释和翻译版）
IF 0.3
Arab Law Quarterly Pub Date : 2024-07-05 DOI: 10.1163/15730255-bja10166
Gianluca Parolin
{"title":"A Second Violation of the Sharia Provision: Egypt’s SCC’s Ruling of 12 May 2013, in the Case No. 37/xxxiii (Annotated and Translated)","authors":"Gianluca Parolin","doi":"10.1163/15730255-bja10166","DOIUrl":"https://doi.org/10.1163/15730255-bja10166","url":null,"abstract":"<p>In mid-2013, Egypt’s Supreme Constitutional Court found a statutory provision in force at the time of the decision to be in violation of the constitutional provision declaring the principles of Islamic sharia the chief source of legislation (Article 2). It was the second time since the provision was originally introduced in the Constitution in 1971 and later amended in 1980. It had only happened once before, in 2006. In the ruling considered here, the Court confirmed its conventional construction of Article 2, and declared that in the case at hand the legislator had simply overstepped its boundaries by restricting the exercise of the grandparents’ visitation rights to the case of the absence of parents. In the eyes of the Court, the legislator was entitled to regulate grandparents’ visitation rights, but in doing so it did not properly align its intervention with the overall objectives of sharia (<em>maqāṣid</em>). The ruling was issued in a relatively peaceful phase that followed a fierce and prolonged confrontation between the Court and Islamists the previous year.</p>","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"17 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141575334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Islamic Constitutionalism in Pakistan 巴基斯坦的伊斯兰宪政
IF 0.3
Arab Law Quarterly Pub Date : 2024-06-20 DOI: 10.1163/15730255-bja10165
Mohammad Waseem
{"title":"Islamic Constitutionalism in Pakistan","authors":"Mohammad Waseem","doi":"10.1163/15730255-bja10165","DOIUrl":"https://doi.org/10.1163/15730255-bja10165","url":null,"abstract":"<p>This article questions the lumpy character of understanding Islamic constitutionalism through all-pervasive models operating across time and space and reliance on classical texts as the ultimate reference for jurisprudence. It focuses on conflict and compromise among stakeholders in individual Muslim countries. Pakistan represents a ‘differentiated social formation’ underscored by dichotomy between modernity and tradition. The former is defined by a secular legal-institutional mechanism of authority inherited from British India, which seeks to accommodate the latter’s Islamic agenda through ideological symbolism, legal formalism and — under Gen. Zia’s martial law — cultivation of a divine source of legitimacy to counter the constitutional source of legitimacy in the form of mass mandate. In the face of outcry from modernists, the ulema fell back on a defensive strategy to safeguard their gains.</p>","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"79 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141505749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Do Adjectives Matter? Exploring the ‘Islamic’ in Constitutions and Constitutionalism(s) 形容词重要吗？探索宪法和宪政中的 "伊斯兰 "一词
IF 0.3
Arab Law Quarterly Pub Date : 2024-04-09 DOI: 10.1163/15730255-bja10160
Shaheen Sardar Ali, Arjumand Bano Kazmi, Ashraf Kunnummal
{"title":"Do Adjectives Matter? Exploring the ‘Islamic’ in Constitutions and Constitutionalism(s)","authors":"Shaheen Sardar Ali, Arjumand Bano Kazmi, Ashraf Kunnummal","doi":"10.1163/15730255-bja10160","DOIUrl":"https://doi.org/10.1163/15730255-bja10160","url":null,"abstract":"This paper calls for a paradigm shift in the face of the remarkably common, but ultimately stereotypical and simplistic perceptions of ‘Islamic’ constitutions requiring all laws to conform to Shari’a. It problematizes the term ‘Islamic’ to describe disparate constitutions and constitutionalism(s) in Muslim majority countries demonstrating the plurality of ‘Islamic’ constitutions, locating this descriptor within varied socio-cultural, historical and political contexts of the Muslim world. Plural interpretations of the religious texts in Islam — i.e., the Qur’an and Sunna — and meanings of complex concepts — ‘Shari’a’ and ‘Islamic law’, are integral to Islam’s (legal) traditions. In Muslimmajority countries, a variety of constitutional texts, court decisions and state practices, demonstrate this plurality. We argue that use of ‘Islamic’ as a descriptor for heterogeneous constitutional texts, is a product of ‘realpolitik’ and deployed in this manner, un-nuanced, simplistic, and reductive of the dynamic and plural nature of Shari’a","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"20 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140569643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The 2020 Revision of the Algerian Constitution and the Ḥirāk: Returning to Constitutional Order after the Institutional Disorders of 2019 2020 年阿尔及利亚宪法修订案和《宪法》：在2019年体制混乱之后恢复宪法秩序
IF 0.3
Arab Law Quarterly Pub Date : 2024-04-06 DOI: 10.1163/15730255-bja10152
Massensen Cherbi
{"title":"The 2020 Revision of the Algerian Constitution and the Ḥirāk: Returning to Constitutional Order after the Institutional Disorders of 2019","authors":"Massensen Cherbi","doi":"10.1163/15730255-bja10152","DOIUrl":"https://doi.org/10.1163/15730255-bja10152","url":null,"abstract":"The revision of the Algerian Constitution of 30 December 2020 presented the Constitutional response to the institutional roadblocks and incoherencies within the hierarchy of norms brought to light by the <jats:italic>Ḥirāk</jats:italic> in 2019. The procedure used to revise the Constitution — an initiative of President Abdelmadjid Tebboune, rather than the election of a Constituent Assembly — has largely predetermined its content. The Army’s mission is now to defend “the country’s vital and strategic interests” (Article 30, para. 4), providing the retrospective legitimisation of its 2019 intervention to drive President Abdelaziz Bouteflika to step down. Furthermore, the amended Constitution makes it possible to pass legislation restricting fundamental rights and freedoms “for reasons linked to maintaining public order, security, and the protection of national constants” (Article 34, para. 2). This provision paves the way for the validation of oppressive laws applied or announced since 2019 with the aim of ending the <jats:italic>Ḥirāk</jats:italic>. This article argues that the Algerian Constitution no longer merely outlines a constitutionally ultra-Presidentialist regime, largely inherited from the 1976 Constitution, but an ultra-Presidentialist regime that is now also <jats:italic>de jure</jats:italic> militarised.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"55 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140569309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Moratorium As a Crucial Component of Corporate Restructuring Under Saudi Bankruptcy Law 根据《沙特破产法》，延期是公司重组的重要组成部分
IF 0.3
Arab Law Quarterly Pub Date : 2024-03-23 DOI: 10.1163/15730255-bja10158
Faisal Alfawzan
{"title":"Moratorium As a Crucial Component of Corporate Restructuring Under Saudi Bankruptcy Law","authors":"Faisal Alfawzan","doi":"10.1163/15730255-bja10158","DOIUrl":"https://doi.org/10.1163/15730255-bja10158","url":null,"abstract":"The moratorium or automatic stay is a fundamental component of corporate restructuring procedures. It provides the distressed company with a brief respite from its creditors by temporarily barring all collection efforts and all proceedings against the company and its assets. By temporarily barring such actions, the moratorium provides the company with time during which it can negotiate with its creditors and formulate a proper restructuring plan. The purpose of this article is to examine the efficacy of moratorium under the Saudi restructuring law in light of the UK and the US experiences. The article is principally concerned with two key issues: the scope of the moratorium and the circumstances under which relief from a moratorium may be granted.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"8 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140203847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Aspects of Telematics for Law Enforcement 执法车载信息服务的法律问题
IF 0.3
Arab Law Quarterly Pub Date : 2024-03-23 DOI: 10.1163/15730255-bja10157
Jon Truby, Khalid Saleh Al-Shamari, Rafael Dean Brown, Imad Antoine Ibrahim
{"title":"Legal Aspects of Telematics for Law Enforcement","authors":"Jon Truby, Khalid Saleh Al-Shamari, Rafael Dean Brown, Imad Antoine Ibrahim","doi":"10.1163/15730255-bja10157","DOIUrl":"https://doi.org/10.1163/15730255-bja10157","url":null,"abstract":"Telematics is a technology that allows vehicle tracking and monitoring. This paper investigates its legal implications in Qatar, where road fatalities are high, but considers the results with international applicability. It reviews the current laws that govern telematics and evaluates their compatibility with constitutional rights or principles, especially privacy. It also examines how telematics can enhance road safety by providing data and feedback on various driving factors. The paper finds that telematics can offer significant benefits for traffic regulation in Qatar, but also poses some legal challenges that need to be addressed.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"142 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140203790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Review of Saudi E-Commerce Regulation Under the Scope of the GDPR GDPR 范围内的沙特电子商务法规回顾
IF 0.3
Arab Law Quarterly Pub Date : 2024-02-23 DOI: 10.1163/15730255-bja10154
Rabaï Bouderhem
{"title":"A Review of Saudi E-Commerce Regulation Under the Scope of the GDPR","authors":"Rabaï Bouderhem","doi":"10.1163/15730255-bja10154","DOIUrl":"https://doi.org/10.1163/15730255-bja10154","url":null,"abstract":"The purpose of this article is to analyse and make an initial assessment of the Saudi legislative framework regarding E-commerce and data protection throughout a set of rules imposed on Internet service providers (<jats:sc>ISP</jats:sc>s) to ensure confidentiality, integrity of data and the safety of online transactions. Some efforts have been made in the Middle East and beyond and making an initial assessment may help us strengthen the existing legal instruments. The basic postulate is that we deal with cybercrimes and potential transnational offences. States should cooperate on a bilateral and multilateral basis in order to increase data protection and both security and predictability of E-commerce. The analysis of European law which opted very early for increased protection of personal data and strict regulation of cyberspace could allow us to put into perspective the evolution of Saudi law and possibly try to bridge or improve its approach to the matter.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"25 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139945477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Recent Limitations to the Theory of Acts of Sovereignty and What They Mean for Judicial Independence in Egypt: A Study of Two Cases and Their Distinct Implications 最近对主权行为理论的限制及其对埃及司法独立的意义：对两个案例及其不同影响的研究
IF 0.3
Arab Law Quarterly Pub Date : 2024-02-20 DOI: 10.1163/15730255-bja10130
Arig M. Eweida
{"title":"Recent Limitations to the Theory of Acts of Sovereignty and What They Mean for Judicial Independence in Egypt: A Study of Two Cases and Their Distinct Implications","authors":"Arig M. Eweida","doi":"10.1163/15730255-bja10130","DOIUrl":"https://doi.org/10.1163/15730255-bja10130","url":null,"abstract":"<p>The theory of acts of sovereignty is a serious limitation on the scope of judicial review. This paper examines the recent applications of the theory by the Egyptian State Council and the Supreme Constitutional Court which aim to widen the scope of judicial review by limiting the applications of the theory of acts of sovereignty. The two cases studied were decided amid political tensions. These cases cannot be understood separately from the political environment in which they were decided and the status of guarantees made for the impartiality of judges within this context. This paper argues that although both cases are important steps forward, they fail to establish a lasting limitation on the theory.</p>","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"11 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139922466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Prolonged Military Occupation: Rethinking the Israeli Occupation on the Occupied Palestinian Territories 长期军事占领：反思以色列对巴勒斯坦被占领土的占领
IF 0.3
Arab Law Quarterly Pub Date : 2023-12-21 DOI: 10.1163/15730255-bja10149
Rezeq Ahmad Salmoodi
{"title":"Prolonged Military Occupation: Rethinking the Israeli Occupation on the Occupied Palestinian Territories","authors":"Rezeq Ahmad Salmoodi","doi":"10.1163/15730255-bja10149","DOIUrl":"https://doi.org/10.1163/15730255-bja10149","url":null,"abstract":"<p>This research focuses on an increasingly important question associated with the state of military occupation as part of International Humanitarian Law, namely, to what extent the rights and duties of an occupying power are to be broadened or otherwise minimized when an occupation of a foreign territory lasts for a long period of time? This question is necessitated by the practices of some occupying powers that claim their ‘original’ authority over occupied areas should exceed the original rights embodied in the legal corpus on military occupation due to the prolonged nature of their military presence. This research focuses on the state of the Israeli military occupation over the Occupied Palestinian Territories (<span style=\"font-variant: small-caps;\">OPT</span>s.) and found that the Israeli practices are calculated in this direction, i.e., the expansionist policy, which ultimately conflict with the corpus of rules of international law on military occupation.</p>","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138818100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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