قانون إسلامي

General Information

• This document appears to be lecture notes for a law class.
• Topics covered include Islamic Law, Civil Law, and International Law.
• The notes include definitions, discussions of legal concepts, and examples.

Islamic Law

• Marriage contracts are considered inflexible, with specific conditions for validity, enforceability, and necessity.
• Marriage is governed by stipulations for validity, enforceability, and necessity, safeguarding the rights of both spouses and potential offspring.
• Marriage contracts have conditions for validity, enforceability, and necessity.
• Marriage dissolution occurs via death, divorce, repudiation, and more.
• Inheritance limitations : certain reasons (slavery, murder, differing beliefs) limit inheritance eligibility..
• Wills are binding contracts executed after death, binding on the testator, but not inevitably on the beneficiary.
• Islamic legal contracts fall into three categories:
  • Purely compensatory contracts (e.g., sale, lease).
  • Purely gift contracts (e.g.,Will)
  • Contracts with dual aspects (e.g., marriage, with both compensation and gift).

Civil Law

• Civil law deals with relationships between individuals.

• Distinguished from public law, which deals with relationships between individuals and state institutions.

• Civil rights classification:

  • Personal rights: Legal connections between individuals allowing one (creditor) to demand something from another (debtor).
  • Real rights: Granting power over a specific object with inherent rights of use, enjoyment, and disposal.

• Real rights are stronger than personal rights.

• Essential characteristics of real rights: absolute, limited to specific things, allows for legal recourses (prescription, pursuit), permanent, ability to possess.

• Property: Anything with monetary value.

• Property types:

  • Common property: owned by all, like ocean water, sunlight, air
  • Alienable property: becomes owner's property with seizure, like wild animals in open areas.
  • Abandoned property: initially no owner, then first possessor claims rights
  • Intangible property: inventions, creations, etc. (products of human/natural mind).

• Property principles:

  • There is no unowned property, if not registered, it falls under the state's control.

• Restrictions on ownership: exists by laws or contractual agreements.

• Rights impacting property ownership: Right of preemption (right of a neighbor to buy property), Rights of use and exploitation, Right of disposal, Right of access/passage

• These rights often apply to real estate, but some extend to movable property.

International Law

• International law governs the relationship between countries (public international law) and private international issues.
• Private international law concerns relations with elements of foreign jurisdictions

General Legal Concepts

• Legal principles, like "no harm, no injury" can be applied in criminal and civil law contexts and in areas like guardianship.
• The necessity principle is an important legal concept that allows for the balancing of competing interests
• Rights of preemption, and related issues, are discussed in detail and can relate to assets and property.
• Ownership is often subject to conditions under international/domestic law
• The relationship between person and state can be viewed as a contract, but also as a regulatory relationship.
• Citizenship is associated with belonging to a state. It is linked to rights (such as political participation) and obligations (like military service) of citizens. Requirements for granting and preserving citizenship are defined.