The Subsidiary and its Provisions in Islamic Jurisprudence And the Egyptian Civil Law Compared with the UAE Civil Transactions Law

Authors

Tahani abu taleb,  Lecturer of Civil law in the Department of Sharia and Law - Faculty of Islamic Studies and Arabic for female students in Cairo Al-Azhar University.Follow

Abstract

In this research the author tempted to find a definition to "the subordinate" in the Egyptian civil law followed by a comparison to examples of the rule "التابع تابع" in the Islamic law with its counterpart in the Egyptian civil law. The result of this comparison is that, the Egyptian civil law has a large number of examples based on this Islamic rule, which means that it is possible to use this Islamic rule and the other ones as a mean of interpretation to the Egyptian civil law. Later in this research, the author compared these results with its counterpart in the civil law of the United Arab Emirates, as both of them are similar in a large number of these rules. This comparison resulted in the fact that, the civil law of the United Arab Emirates, similarly the Egyptian Civil law, has a large number of examples based on this Islamic rule. The civil law of the United Arab Emirates mentioned all the Islamic rules in a separate part at its beginning and said that all these rules can be used as a mean of interpreting and clarifying this law. So, this research applied such means and explained a number of the articles using the Islamic rule: "التابع تابع".

Recommended Citation

abu taleb, Tahani (2018) "The Subsidiary and its Provisions in Islamic Jurisprudence And the Egyptian Civil Law Compared with the UAE Civil Transactions Law," UAEU Law Journal: Vol. 2018: No. 74, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2018/iss74/2