Judge requirements and ethical issues in the Cooperation Council for the Arab States of the Gulf

被引:0
|
作者
Shestak, V. A. [1 ]
Tsyplakova, A. D. [2 ]
机构
[1] Moscow Acad, Invest Comm Russian Federat, 12 Ul Vrubelya, Moscow 125080, Russia
[2] MGIMO Univ, 76 Pr Vernadskogo, Moscow 119454, Russia
关键词
Saudi Arabia; the United Arab Emirates; Qatar; q & amacr; di; Islamic law; Shari'ah; judge requirements; judicial ethics; Gulf Cooperation Council;
D O I
10.21638/spbu14.2024.212
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This paper examines the core sources governing judicial ethics in the Cooperation Council for the Arab States of the Gulf (GCC), primarily in the United Arab Emirates (UAE), taking into account mixed nature of its legal system, comparing to the Kingdom of Saudi Arabia (KSA) with its more religious approach and the State of Qatar with a manifested democratic one. On grounds of the analysis and systematization of the regulatory framework, a study was conducted in accordance with the current state of affairs regarding q & amacr;di qualifications in Arab countries and summarized in a table. The ideological differences in Islam are also taken into account through the study of the opinions of authoritative mujtahids and the works of foreign scholars. The authors have analyzed Islamic doctrine and compared it with the current Emirati, Saudi and Qatari legislation regarding the requirements for judge (q & amacr;di). The United Arab Emirates federal laws and decrees more precisely elaborate teachings and modify specific evaluative concepts. They also provide more lenient rules, despite the predominance of M & amacr;liki and Hanafi madhabs. The authors also note the more detailed regulation of the disciplinary and criminal responsibility of judges and slight changes in relation to the observations indicated in the Reports of the Special Rapporteur on the Independence of Judges and Lawyers No. A/HRC/29/26 2015 in UAE and Qatar. The Kingdom of Saudi Arabia and Qatar has more similar, but rigid regulation due to one madhab domination (Hanbali). The issue calls for the revision of a number of laws that are examined in detail, since the implementation of them causes inequality that deems to be fought against.
引用
收藏
页码:493 / 507
页数:15
相关论文
共 50 条
  • [41] Sustainable development in the Arab world - is the Gulf Cooperation Council (GCC) region fit for the challenge?
    Zaidan, Esmat
    Al-Saidi, Mohammad
    Hammad, Suzanne H.
    DEVELOPMENT IN PRACTICE, 2019, 29 (05) : 670 - 681
  • [42] Opportunities, Challenges and Risks of Transition into Renewable Energy: The Case of the Arab Gulf Cooperation Council
    Darwish, Saad
    Abdo, Hafez
    Alshuwaiee, Wael M.
    INTERNATIONAL ENERGY JOURNAL, 2018, 18 (04): : 391 - 400
  • [43] Address to the Gulf Cooperation Council
    Al Saud, AB
    MIDDLE EAST POLICY, 2002, 9 (01) : 29 - 32
  • [44] Turkey and the Gulf Cooperation Council
    Larrabee, F. Stephen
    TURKISH STUDIES, 2011, 12 (04) : 689 - 698
  • [45] ABSORPTIVE-CAPACITY, REGIONAL COOPERATION, AND INDUSTRIALIZATION IN ARAB STATES OF GULF
    KADHIM, M
    POULSON, B
    JOURNAL OF ENERGY AND DEVELOPMENT, 1976, 1 (02): : 249 - 261
  • [46] Distribution and Potential Uses of Halophytes within the Gulf Cooperation Council States
    Al-Azzawi, Mohammed J.
    Flowers, Timothy J.
    AGRONOMY-BASEL, 2022, 12 (05):
  • [47] Regulatory Review Process in the Gulf Cooperation Council States: Similarities and Differences
    Reem Al-Essa
    Sam Salek
    Stuart Walker
    Drug information journal : DIJ / Drug Information Association, 2012, 46 : 65 - 72
  • [48] A tale of six states: How similar are the Gulf Cooperation Council countries?
    Sagynbekov, Ken Imanak
    JOURNAL OF INTERNATIONAL TRADE & ECONOMIC DEVELOPMENT, 2014, 23 (04): : 476 - 490
  • [49] The strategic plan for combating antimicrobial resistance in Gulf Cooperation Council States
    Balkhy, Hanan H.
    Assiri, Abdullah M.
    Al Mousa, Haifa
    Al-Abri, Seif S.
    Al-Katheeri, Huda
    Alansari, Huda
    Abdulrazzaq, Najiba M.
    Aidara-Kane, Awa
    Pittet, Didier
    JOURNAL OF INFECTION AND PUBLIC HEALTH, 2016, 9 (04) : 375 - 385
  • [50] Nationals and expatriates: Population and labour dilemmas of the Gulf Cooperation Council states
    Lesch, AM
    JOURNAL OF ETHNIC AND MIGRATION STUDIES, 2004, 30 (01) : 220 - 222