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All Journal LAW REFORM Jurnal Ilmiah Hukum LEGALITY Mazahib: Jurnal Pemikiran Hukum Islam
Chami, Yassine
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

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Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury? Ezzerouali, Souad; Chami, Yassine
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5298

Abstract

Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented. Keywords: legal drafting, definitions, improvement of law, legal security.
Re-Evaluating Contractual Relativity: Third-Party Effects in Islamic and Positive Legal Frameworks Chami, Yassine; Khater, Maya
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11151

Abstract

This study compares the principle of contractual relativity and its exceptions regarding third-party effects in Islamic jurisprudence and positive law. Employing a doctrinal-comparative methodology, it identifies key convergences and divergences in how both systems treat general successors, special successors, and creditors. The research finds that while both systems uphold the core principle, they develop distinct mechanisms for third-party protection, rooted in different foundational philosophies (Sharia vs. autonomy of will). A key novelty lies in the critical analysis revealing that classical juristic tools (like waqf, wasiyya) serve functions analogous to, but conceptually distinct from, positive law exceptions (like stipulation pour autrui). The study concludes that technological advancements necessitate contextual application of the principle, not its abandonment, and offers targeted recommendations for legal harmonization and judicial training to enhance transactional justice and stability.
Divide and Choose as Dual Participatory Justice: A Comparative Framework for UAE Civil Disputes Chami, Yassine; Dran , Driss ed
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42363

Abstract

This study introduces a novel conceptual model, "Dual Participatory Procedural Justice," as a theoretical legal framework for implementing the "Divide and Choose" principle in bilateral divisible disputes in private law, addressing contemporary challenges in civil and commercial dispute resolution. This system diverges from the mathematical idealism of Western theory and the fragmented applications of traditional Islamic jurisprudence by integrating the procedural precision of Game Theory with Islamic legal maxims, especially the principles of preventing harm and alleviating hardship. Employing a critical comparative methodology grounded in Natural Law jurisprudence, the study challenges the prevailing notion of symmetry in Western models and contextualises the mechanism within the historical operational frameworks of Islamic courts. The resulting framework establishes enforceable safeguards, including mandates for functional symmetry and expert intervention. The study primarily focuses on situating the proposal within the framework of UAE Civil Procedure Law and constitutional Sharia principles, while offering a comparative analysis of its applicability in Southeast Asian jurisdictions, particularly highlighting parallels with the Indonesian Musyawarah and Malaysian Sulh systems. The model is only for disputes that can be split into two and does not cover issues of child custody or public policy (ordre public). The results show that this participatory approach significantly reduces court backlogs and makes people in Arab and Southeast Asian countries happier with the law.
Justice in the Balance: Activating Legislative-Reality Harmony to Ensure Fair Judicial Rulings Between Sharia And Modern Legal Systems Chami, Yassine; Elsharef, Mohamed Elmadni; Qutieshat, Enas
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.70786

Abstract

Achieving judicial fairness requires harmonizing legal texts with evolving societal realities. This research aims to explore the factors that enhance the fairness of judicial rulings by analyzing the interplay between abstract legal texts and practical reality. The method used involves a comparative analytical approach between modern legal systems and Islamic Sharia, supplemented by a review of judicial precedents. The results obtained indicate that legislative coherence and judicial discretion are critical for aligning rulings with justice objectives. Specifically, the study finds that rigid procedural adherence often undermines equity, whereas flexible interpretation grounded in contextual circumstances enhances fairness. Conclusions that can be drawn emphasize the necessity of developing legislative mechanisms that balance stability with equity, alongside promoting judicial transparency.
Co-Authors Dran , Driss ed Elsharef, Mohamed Elmadni Ezzerouali, Souad Khater, Maya Qutieshat, Enas