Abstract The ultimate aim of this research is to conceptually present a new phenomenon of officializing a new Islamic legal methodology (uṣūl al-fiqh) utilized to deduce jurisprudential rulings pertaining to Islamic finance. With the existence of Islamic international bodies and Islamic financial infrastructure organizations, contemporary Islamic financial rulings do not necessarily depend on the legal methodology adopted by a particular jurisprudential school of thought. Rather, such international bodies include Sharīʿah jurisconsults in their Sharīʿah boards who depend on diverse classical Islamic legal methodologies when deducing rulings pertaining to Islamic financial practices. This research historically displays the beginnings of uṣūl al-fiqh during the 9–11 Century, and thereafter argues that since the codification of uṣūl al-fiqh is a developing science, the standardization effort by AAOIFI may officially be considered as a new approach to uṣūl al-fiqh (a form of unification). It includes an empirical enquiry, displaying that the concept of unified uṣūl is already in existence, in one form or another.

Abstract The plurality of opinions that Sharīʿah affords has ensured justice for different groups and disputants in pre-modern times. Although this plurality had been limited by modern state codifications, forum-shopping and choice of applicable Muslim rules may still be possible in some contexts, albeit within the boundaries of state law. This is apparent in states whose legal framework of personal status accommodates or makes space for Jaʿfarī rules alongside Sunnī-based rules. Thus, this article examines the extent to which this is a possibility in intra-sect and inter-sect Muslim family disputes in Bahrain, Kuwait, and Qatar, and the ways in which actors have responded to this possibility or its limitation. The paper finds that the Bahraini system is the most flexible, while the Qatari system is the least flexible. Yet, both create opportunities for different groups, including women, that help to maximise their chances of receiving a favourable judgement.

Abstract The enforcement of foreign judgments in Tunisia is governed by Article 11 of the 1998 Code of Private International Law, which states that enforcement cannot be allowed if, inter alia, the reciprocity principle is not observed. This case note analyzes and reviews this issue in light of the Tunisian Cour de cassation’s decision No. 6608 of 13 March 2014. In this decision, the Court ruled that, in the absence of an international cooperation agreement, reciprocity is a factual matter, and its respect must be presumed, therefore, it is for the party contesting this presumption to provide evidence of its non-existence. This decision is a valuable clarification of the nature of reciprocity under Tunisian law and its legal framework, particularly regarding the issue of the burden of proof.

Abstract This article compares the ministerial approval requirement in Article 10(2) of the Saudi Arbitration Law of 2012 to Article 1(2) of the Egyptian Arbitration Law of 1994. The article starts with a historical analysis of the ministerial approval requirement in the Saudi Arbitration Law. Then it discusses the main issues that arise out of the ministerial approval requirement in Egyptian case law and its implications for the Saudi Arbitration Law. While the Saudi law details the process of procuring the approval, it is yet up to the Saudi administrative courts to shape the future of the arbitration agreements in administrative contracts. The article concludes that the Saudi Arbitration Law of 2012 can be read in an arbitration friendly fashion and can benefit from the Egyptian experiences with their own arbitration law.

Abstract This paper aims to discuss controversial issues encountered by arbitral tribunals assigned to decide a particular dispute under UAE law. These issues are mainly related to preserving principles of competence-competence and separability, which might adversely affect the validity of the procedures undertaken by arbitral tribunals or the validity of final awards rendered by an arbitral tribunal. The aforementioned problematic scenarios can be noted in the context of the formation of arbitral tribunal, ordering interim, arbitration costs and waiver of arbitration agreement. The study will deploy qualitative legal method, through which an analytical approach will be applied on the UAE Arbitration Law and Dubai International Arbitration Centre (DIAC) Rules in order to illuminate the gaps in both sets that may affect the evidential value of the procedures undertaken in the context of the abovementioned issues. This paper concluded with a set of suggestions aimed at filling the gaps observed in the UAE arbitration Law and DIAC Rules in terms of the aforementioned issues.

Abstract The right to legal gender recognition is integral to transgender rights and is the final step for many transgender people to realise their true gender identity. However, In North Africa, this right is primarily restricted due to the lack of a legislative framework that governs the issue. This legislative vacuum means two things: firstly, principles of Sharīʿah are the de-facto law regulating the matter, and secondly, Courts will have the jurisdiction over reviewing legal gender recognition applications. Sunni Islamic scholars did engage on transgender issues starting in the 1980s when Egypt’s Al-Azhar and Saudi Arabia’s Islamic Fiqh Council issued prominent fatwas, providing a very unfavourable interpretation of transgender people. The fatwas viewed transgender people as mentally ill who should not be allowed access to gender-affirming healthcare and should be provided with mental treatment to ‘return to their true sex’ and fit within the binary. While the fatwas only discussed banning access to gender-affirming healthcare, North African Courts adapted this ban to mean a ban on legal gender recognition for transgender people. Thus, judicial opinions in the region developed to deny legal gender recognition on the grounds of Sharīʿah. However, a 2018 Tunisian Court became an anomaly when it reinterpreted Sharīʿah to allow a transman legal gender recognition in a landmark decision. The impact of this judgment remains limited, as so far, Courts still maintain their ban on legal gender recognition. The paper is conducting the primary scholarly effort to establish a legal theory on legal gender recognition for transgender people in North Africa by investigating the issue by analysing case law from Egypt, Tunisia, Algeria, and Sunni Fatwas from Al-Azhar and Islāmic Fiqh Council to theorise the region’s legal and religious discourse on legal gender recognition for transgender people.

Abstract This article discusses the exclusion of evidence in the Qatari and US legal systems. It focuses on the legal basis on which the exclusion of evidence is established in these two systems. The Qatari legal system is a dual system between Islamic Sharia and Qatari legislation. It relies heavily on the rule of invalidity, which is a procedural penalty that is applied when the conditions stipulated by the law are violated in relation to the procedure that was conducted. Meanwhile, the US legal system relies on the exclusionary rule, as this rule has a judicial source. This research discusses the exceptions to the exclusion of criminal evidence in the Qatari and US legal systems to explore how effective are these exceptions in achieving a balance between the goal of protecting the rights and freedoms of individuals and the goal of punishing criminals to preserve the stability of society.

Abstract The United Arab Emirates (UAE) 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.