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السياسة الجنائية والاقتصاد: مظاهر وحدود التأثير والتأثر، قانون الأعمال في التشريع المغربي نموذجًا

Economic development in the modern era has led to the emergence of crimes different from traditional crimes that affect the national economy and develop alongside the development of the economic and social life of individuals and societies. This has prompted legislators to enact legal rules regulating these matters. The Moroccan legal system related to trade and business has witnessed a radical transformation over the past decade, represented by the amendment of a set of commercial legal texts and the enactment of new ones, as classical criminal law does not accommodate this number of transformations, especially in the field of business. This study discusses the extent to which the Moroccan legislator has succeeded in controlling business crimes at the level of concept and specificity, and at the level of criminalization and punishment, and the effectiveness of the legal texts included in the criminal law for business in framing and combating business crimes. It aims to approach this topic and suggest possible solutions to address it. It deals with business crimes looking at criminal legitimacy, privacy, and procedures for research and proof in business crimes. The study concluded that the technical characteristics of the business field negatively affected the formulation of criminal rules and texts for business, especially with regard to the use of broad terms that carry many legal meanings. There is duplication in the texts regulating the field of business, as well as duplication in the bodies that carry out legislation, and confusion among Moroccan legislators in formulating legal texts related to the field of business due to combining the Latin and Anglo-Saxon schools. The study recommends the need for the independence of criminal law for business, by creating special provisions within codification independent of the codification of criminal law, the need to limit the arbitrary use of authorization, and the need to reduce the intensity of criminalization in the field of business, by adopting a clear and deliberate policy to limit criminalization, limit punishment, and expand the scope of penalties while being inclusive of all the guarantees prescribed for criminal penalties.

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عقود الأمانات في الفقه الإسلامي: عقد الحراسة في ضوء النظام السعودي أنموذجًا

The current research addresses trust contracts in Islamic jurisprudence, focusing on guarding contracts in the Saudi legal system as a model for safeguarding rights and combating violations. The study includes an analysis of the concepts of trust contracts and guarding, highlighting the importance of different types of guarding in people's lives, whether public, private, or related to important figures. The research discusses the applications of the guarding contract within the Saudi legal system, particularly in guarding public facilities and private establishments, with an emphasis on the conditions and pillars of the contract and the responsibilities of its executors. The research findings indicate that guarding has existed in Islamic societies since their inception, and the Saudi legal system has established conditions and instructions to regulate guarding. Based on these findings, the study recommends the necessity of enhancing the balance between responsibilities and rights in guarding contracts, and the development and improvement of related legislations and legal provisions to ensure a safe and transparent environment. Additionally, it suggests strengthening communication between security companies and private establishments to better understand clients’ needs, and encourages practical research and studies to analyze and improve the efficiency of guarding contract implementation in the Saudi context.

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الحماية الجنائيّة للبيئة المائيّة في إطار التنمية المستدامة: قراءة في التشريع الأردني

The protection and conservation of ecosystems are of paramount importance for optimal utilization, particularly of the aquatic environment. This study aims to outline the approaches of the Jordanian criminal legislator in protecting the aquatic environment from pollution and to analyze the legal regulations for its preservation, ensuring the establishment of qualitative protective policies that prevent the depletion risks for future generations and meet Jordan's commitments to achieving sustainable development goals simultaneously. This is especially critical given the pressing water situation in Jordan. To achieve the study's objectives, the researchers employed descriptive and analytical methodologies to address the study's issues. The first section explored the nature of the aquatic environment as a value protected by criminal law, while the second section discussed the legal framework for the criminal protection of the aquatic environment in Jordanian legislation. The study concluded that an examination of the legislation reveals a significant concern from the Jordanian legislator in addressing violations that may occur against the aquatic environment. This is evidenced by the multiplicity of laws concerned with its protection, extending the scope of protection to include both quantitative and qualitative measures, criminalizing a wide range of actions, and adopting a broad approach in defining criminal activities. However, this multiplicity may lead to the pitfalls of overlapping applicable texts and the intermingling of their provisions. Consequently, the study recommends that related legislations on environmental protection should serve as a tool to guide the behavior of administrations, economic activities, and citizens to protect various environmental elements. Furthermore, the "Environmental Protection Law" should exclusively address criminal measures, stipulating the provisions of criminalization and punishment and organizing the rules of criminal responsibility within it, to prevent any conflict or ambiguity in the realm of criminal protection of the environment in general, and the aquatic environment in particular.

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الوصيَّة الواجبة في الفقه الإسلامي مقارنة بالقانون الإماراتي

God has legislated the bequest (will) for us from one-third of the wealth, and it should not be for a relative who is an heir. It often happens that a person dies during the lifetime of one of his parents, leaving behind children. When a grandfather or grandmother dies, the grandchildren are withheld from the inheritance and it is divided among their uncles. The obligatory will has recently appeared in law, which has allocated these grandchildren a share of their grandfather’s money in accordance with the law. This study aims to identify the jurisprudential opinions on the issue of the obligatory will, the position of Emirati law regarding the entitlement of grandchildren withheld from the obligatory will, its amount and conditions, and the legal origin of the obligatory will in Islamic jurisprudence. The study concluded that the scholars of the zahiri school of thought were of the view that a will is obligatory, and therefore it is taken from the person’s estate if he dies and did not make a will during his life. Because it is an obligation in their view, the right to it is not forfeited by the death of the person. However, the majority of scholars held that a will is desirable and recommended, so nothing is taken from the deceased’s estate if he did not make a will during his lifetime. Emirati law based its obligation of the will on the opinion of the zahiri scholars, who say that the will is obligatory for anyone other than the heir. Emirati law allocates it to the withheld grandchildren and not the rest of the relatives, so that it is for the son’s children and the daughter’s children, and any of these children’s children. The male is allocated the equivalent of the share of two females. Based on its findings, the study recommends the need for the grandfather to make bequests to his grandchildren during his lifetime as a precaution and to avoid jurisprudential disagreement, and the need to direct people more to be careful about making bequests to their relatives who do not inherit, especially the grandchildren who are withheld from inheritance.

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العرف كمصدر تشريعي وأثره في إطار الشريعة الإسلامية والقانون الوضعي

This research aims to shed light on customs as a legislative source in both Islamic and statutory law. Customs are considered one of the legislative sources under the provisions of Islamic Sharia and statutory law, and they have an impact on both, in addition to the authority they hold as evidence. The research examines the advantages, pillars, and effects of customs. Islamic scholars have paid significant attention to customs, setting regulations for them, and considering them a legitimate source as long as they do not contradict a definitive text or legitimate evidence. Customs have also influenced secular laws and have been an important source for them. Unlike statutory law, customs in Islamic jurisprudence are subject to strict conditions, whereby the beneficial custom is approved, and the harmful one is annulled. However, secular law, which makes custom binding on individuals, may adopt both beneficial and harmful customs due to the lack of distinction between them, provided they are consistent with the law and do not contravene public order. Islamic jurisprudence requires the presence of the moral element in customs, without addressing the material element, unlike secular law which requires the presence of both material and moral elements. As a result of the variations in customs within a single country according to regions, the legal unity of customs is negated, contrary to the law. Additionally, some sections of the law do not align with customs, as is the case with penal law where there is no punishment except by text, whereas custom is considered in private, international, civil, administrative, and constitutional law. The study recommends examining examples and applications based on customary practices, since customs are not documented. It suggests that authorities responsible for issuing fatwas and judicial decisions document the prevailing and practiced customs among individuals to rely on them during judgments, fatwas, and dispute resolution.

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النظام القانوني للتحكيم الحكومي في التشريع اليمني: دراسة تحليلية

This study explores the topic of government arbitration in Yemen as the primary means of settling disputes arising between government entities. It aims to understand the conditions, procedures, and the formation of government arbitration panels responsible for resolving these disputes. Additionally, the study seeks to highlight legislative shortcomings in government arbitration. The research adopts a descriptive and analytical approach, addressing two main sectionsareas: the nature of government arbitration and the procedures involved in government arbitration. Several key findings emerged from the study, including the mandatory nature of government arbitration, determined by arbitration panels appointed by the Minister of Legal Affairs, with delays in the formation of these panels. The study also identified legislative deficiencies, such as the absence of organized procedures and the failure to specify the executing authority, the duration of the review process, and the possibility of challenging the arbitration decision. To address these shortcomings, the study recommends amending the relevant legal texts, including specifying the executing authority for government arbitration decisions and allowing appeals against government arbitration decisions before the Supreme Court to eliminate legislative conflicts regarding the dispute resolution period.

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مفهوم الرُشْد وآثاره على الدّاعي في ضوء القرآن الكريم

Righteousness has a special importance for the Islamic nation and its people in general and for the preacher in particular, as it indicates both maturity and righteousness in religion, guidance and faith, goodness and benefit, and the way out of distress and destruction. There is no doubt that the one who calls people to God Almighty needs to be guided in his preaching and his relationship with those he is addressing, along with the moral and academic preparation that guarantees his success. This research aimed to explain the concept of maturity and righteousness in light of the Holy Qur’an and explain its importance for the preacher, and the valuable effects that arise from it that the preacher needs in his field in order to preach with a comprehensive approach and comprehensive method. One of the most important meanings of maturity and righteousness is to achieve a goal with something that actually leads to the intended goal, as well as divine providence that helps a person when he directs himself to his goals. It also has the meaning of knowledge of what is beneficial and acting upon it. Among the most important effects of this concept are the effects on the preacher, which include enlightening the preacher’s heart with the light of knowledge to bear the burden of preaching, and helping to arm himself with the weapon of knowledge and Quranic culture. This concept also supports him with the ability to convey arguments and proof and succeed in achieving the goal through conscious planning and follow-up and adherence to the sound method with sincerity and steadfastness. In the field of preaching and uprightness in its path, it will also help to develop the preacher’s sense of responsibility to fulfill the divine trust. Given the importance of maturity and righteousness and its effects, it is the responsibility of the relevant institutions in general and the preachers in particular to adhere to it and work to explain its effects, and not limit their attention in the field of calling to God to teaching and learning only, without paying attention to nurturing and purification and explaining the path of maturity and righteousness to reach the noble goal.

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التبنِّي في التشريع التونسي ضمان نسبي للمُتبنَّى

The Tunisian legislator tried, through the adoption institution, to elevate the adopted son to the status of a legitimate son and enable him to have the same rights and duties as the latter. However, in reality, these guarantees did not reach in their content the required level of permanence, stability and stability due to the possibility of their expiration as soon as factors emerged that could affect the interests of The the adopted person, which often leads to him being returned to his original status through a ruling reversing the adoption. This research studies the mechanisms of the adoption institution in dealing with the dilemma of a child losing his original family and elevating him to the status of a legitimate son by discussing the issue of the lack of achieving similarity between the adopted son and the legitimate son, as well as the issue of the disappearance cessation of adoption. The study concluded that the Tunisian legislator worked hard to enable the illegitimate son to live in an environment similar to that of the legitimate son, by approving the institution of adoption. However, the guarantees provided by this institution remain incomplete and inconsistent, and it recommends the need for the Tunisian legislator to intervene again and review the provisions it has enacted, especially setting strict laws that prevent reversal in adoption and stipulating them in Law A. 27 of 1958, dated March 4, 1958, relating to public guardianship, sponsorship, and adoption, in an attempt to address cases of reversal in adoption, which have a severe impact on the adoptee, whether on the psychological or material physical level. It must be emphasized that the best solution to guarantee the rights of all parties is to follow the instructions of Islamic law regarding the issue of adoption.

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مبدأ المساواة بين الرجل والمرأة وفق قانون الجنسيّة المغربي رقم 62.06: دراسة مقارنة

Gender equality between men and women is considered one of the fundamental principles recognized in domestic legislation, international agreements, and conventions. These legal frameworks include specific provisions advocating for complete equality and the elimination of all forms of discrimination against women regarding the acquisition, change, or retention of nationality and their ability to grant it to their children. Islamic law , being at the forefront, was ahas pioneered in the granting dedication of equality in rights and duties. However, certain nationality laws still contain discriminatory provisions against women. This research , addresses this ining two main points: first, the principle of gender equality in nationality considering women as mothers, and second, the principle of gender equality in nationality considering women as wives. Moroccan legislators, through Law 62.06, have set limits to prevent discrimination between Moroccan men and women in granting original Moroccan nationality to their children. This legal equality extends to individuals born to either a Moroccan father or a Moroccan mother, contributing positively to the advancement of women's rights in various fields. Nevertheless, a comprehensive review of nationality law is necessary to ensure alignment with the complete gender equality principle. The Moroccan legislature should demonstrate full commitment to gender equality in aspects such as acquisition, loss, recovery of nationality, and granting it to children or foreign spouses. It is crucial for the Moroccan legal system to intervene, providing all necessary legal measures to guarantee full equality and mitigate the risks of statelessness. This involves removing all restrictions hindering complete equality in granting nationality to children and allowing Moroccan women to transfer their nationality to their children and foreign spouses. This necessitates Morocco's adoption of the 1957 Convention on the Nationality of Married Women.

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