This module will provide students with holistic understanding of the hybrid nature of the principles underpinning the sources of obligations and duties in legal systems that are influenced by both Civil law and Islamic law traditions, such as the UAE. It will develop the capability of students to distinguish between various legal traditions. It will enable students to evaluate the extent that the law can be a pluralistic and to make a dichotomy when there is a clear border between Islamic law and Civil law traditions. Concepts underlying legal traditions such as reasonableness, fairness and good faith will be scrutinised to enable students to critically evaluate them. The module will cover areas such as contract, tort and Waqf as sources of obligations and duties in the context of hybrid Civil and Islamic legal tradition. The module will consider legal codes such as UAE Civil Code, Egyptian Civil Code, Lebanese Civil Code, Jordanian Civil Code and Majalat Alahkam Aladleiyah, or similar, and influential scholarly works for each legal tradition as well as in the context of a hybrid legal tradition such as AlSanhouri.
Learning Outcomes
By the end of the module students should be able to:
Demonstrate a clear understanding of the underlying principles of Civil and Islamic Law in the context of the UAE in particular.
Analyse and evaluate the law within the areas studied
