Justice System in the UAE Research Paper Example | Topics and Well Written Essays - 5000 words

judge musical arrangement in the UAE - Research Paper Example (Judicial System in Abu Dhabi par 13) on the other hand, reticular activating dodge Al Khaimah does not have a Court of Cassation. The major source of law of nature is legislation. The UAE mainly follows the system of elegant law, inspired by the French and Roman healthy systems as well as the Egyptian law of civil codes. The court system is generally inquisitorial, unbound by precedent and comprised of specifically masterful judicial officers. De malevolence being a federation of United Emirates, the judicial scheme is not all-encompassing or wide ranging, as some of the emirates have their take in self-governing judicial systems. In spite of being an Islamic nation, the application of Shariah law is hold inled and contractual as well as commercial proceedings are controlled by written commercial laws and codes that can be relied upon by the needs of western businesses. The Justice system The Justice system in the UAE is mainly based on the Constitution of the UAE? 1971 (Constitution). The federation has control over all affairs assigned to it in the Constitution. Each individual member of United Emirates has superpower over their own territories in all matters? rather than just the exclusive authority of the federation, as correct out in the UAE Constitution. Additionally, every Emirate has a hereditary sovereign who exercises substantial control over his own Emirate. The 7 rulers, as members or associates of the Supreme Council, jointly exercise control over the UAE. The Sharia civil law systems are the chief sources of legislation (Constitution). Civil law system The UAE functions in civil law statutes and such systems are the primary source of law. Decisions of the high courts in the UAE are not based on any decisions made by low courts. In litigation matters, the pleadings submitted by the parties - plaints or written statements - work out a determining role as the courts generall y decide strips based upon them (Latheef par 4). Every case is discussed and a decision is reached based on its own facts and merits. Every proceeding in the court is in Arabic. All Non-Arabic documents filed in the court by appellants are to be converted into Arabic by a translator licensed by the Ministry of Justice. The Sharia Generally, the Sharia is a body of ethical, religious and legal rules. The first harmonic and basic roots of Islamic Sharia are The Koran? which is a compilation of divinely prescribed policies. The Sunna that includes the teachings of Prophet (Hadith), as well as an account of his proceeding and actions. Sharia is established on well-known concepts of equity and justice, and its practical effect in commercial matters is frequently the like as would be attained in Western law. To say that the Sharia should govern judicial decisions is to refer to a execute rather than to specify a result. Sharia itself includes different schools of thought on a number o f legal issues. However, it is founded on familiar concepts of justice and equity, and the practical result in commercial matters is often, though not always, the same as would be reached under Western jurisprudence (United Arab Emirates par 257). For example, Sharia strives to provide effect to the companionships intention in matters of contract. On the other hand, the intention of the party may be in a different way construed by jurists in the two systems. For instance, one researcher has argued convincingly that in many cases? traditional Sharia would let go the parties