Challenges in Harmonization of Shariah and Civil Law: A Case Study of the United Arab Emirates

Publication Information

Journal Title: Law & Political Review
Author(s): Irfan Ali Thanvi
Published On: 17/04/2024
Volume: 9
First Page: 21
Last Page: 36
ISSN: 2581-7191
Publisher: The Law Brigade Publisher

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Irfan Ali Thanvi, Challenges in Harmonization of Shariah and Civil Law: A Case Study of the United Arab Emirates, Volume 9, Law & Political Review, 21-36, Published on 17/04/2024, Available at https://lpr.thelawbrigade.com/article/challenges-in-harmonization-of-shariah-and-civil-law-a-case-study-of-the-united-arab-emirates/

Abstract

Law in the UAE is enacted on a tripod of three distinct legal promulgations namely Islamic law, Civil law, and international law. The convulse of these Statutory laws often differ irreconcilably in enactment, procedures, construe essence, application, and critique.  The UAE like many other developed countries of the world is trying its best to harmonize different jurisdictions of laws in a single framework Unfortunately, some sectors of the society have taken this situation to work in their vital interest to fulfil ulterior motives, while some others, due to the oblivion of the UAE law get jeopardized by the same token. This negligence on the part of several people may turn costly. Hence, I as a lead author on UAE laws decided to research the entire scenario and ide certain plausible legal solutions to our valuable audience. The regulations of the UAE have drastically been amended during the current pandemic of COVID-19, enabling loads of revision to existing laws.   In the methodology, three elements of the UAE Legal system were examined: the development; delivery; and evaluation and feedback. Research objectives include wider scope of engagement in different walks of life, including but not limited to the financial, commercial, banking, healthcare, and legal sectors respectively significant discussion on the impact of harmonization on all walks of life including but not limited to education, health care, employment, trading, court procedures and many more.

Keywords: Harmonization, Shariah Law, Civil Law, UAE Laws, International Law

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