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All Journal Bestuur Yustisia JHCLS Mazahib: Jurnal Pemikiran Hukum Islam
Khater, Maya
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Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal Environmental Protection and Sustainable Development in the United Arab Emirates Khater, Maya; Yassine Chami; Mohamad Albakjaji
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.469

Abstract

Environmental protection and sustainability have captured global attention in recent years due to rising pollution, resource depletion, and climate change. In response to these challenges, this study examines how the United Arab Emirates (UAE) has developed its national environmental legislation in comparison with international legal frameworks. By applying a critical and comparative legal analysis, the study reviews key international environmental agreements and evaluates how UAE laws align with or diverge from global standards. The findings show that, first, the UAE has actively implemented forward-looking environmental policies through legislative reforms and sustainability initiatives aimed at meeting or exceeding international goals. Second, the UAE has promoted environmental responsibility by attracting clean technologies and fostering innovation, demonstrating its commitment to sustainable development. Third, despite these advancements, the study identifies continuing gaps in law enforcement and limited public participation in environmental decision-making processes. To address these issues, the study recommends enacting new legislation that includes constitutional protection of environmental rights and frameworks to strengthen regional environmental partnerships. The study also urges policymakers to encourage broader community engagement by empowering citizens and residents to participate in environmental policymaking and to file lawsuits against entities that violate environmental laws. This research contributes to the ongoing discourse on environmental governance by offering a legal analysis of the UAE’s evolving regulatory landscape and by proposing inclusive, enforceable approaches to environmental sustainability.
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.
Rethinking Global Institutions in Environmental Protection: Guardians or Bystanders? Khater, Maya; Alkaabi, Aishah; Qutieshat, Enas; Alameri, Maitha; Alkaabi, Hamda
BESTUUR Vol 14, No 1 (2026): Article in Press: Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v13i2.115011

Abstract

Global environmental degradation, driven by climate change, resource overexploitation, and rapid urban expansion, challenges the effectiveness of international institutions in functioning as genuine guardians rather than passive bystanders in environmental protection. This study critically examines the role of international organizations by analyzing their legal and institutional frameworks, evaluating their practical performance, identifying key implementation constraints, and formulating reform-oriented measures. The research applies a descriptive, analytical, critical, and inductive approach through a systematic assessment of international legal instruments, institutional practices, and relevant scholarly discourse. The study finds that environmental degradation continues to intensify despite the proliferation of international agreements, indicating a persistent gap between normative commitments and practical outcomes. Limited national capacities, weak coordination among international institutions, and the absence of effective enforcement mechanisms significantly undermine institutional effectiveness. Consequently, many international obligations operate at a formal level without achieving substantive implementation. The study concludes that strengthening international environmental governance requires comprehensive legal and institutional reforms that enhance compliance, improve coordination, and ensure effective enforcement of environmental obligations.
Constructing Humanitarian-Based Law: A Philosophical Analysis of the Philanthropic Legal Paradigm Nggilu, Novendri Mohamad; Yassine, Chami; Khater, Maya
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.98924

Abstract

Positivist legal frameworks prioritize formal certainty over moral and social relevance, often failing to respond to global challenges such as inequality, environmental degradation, and digital exploitation. Philanthropic Law emerges as an alternative legal paradigm that emphasizes humanism, substantive justice, inclusion, and sustainability. This study aims to formulate the philosophical foundations and conceptual framework of Philanthropic Law as a response to technocratic approaches to law. Using a normative-juridical method combined with philosophical analysis, the research examines and reconstructs the nature, knowledge, and values of law from ontological, epistemological, and axiological perspectives. The findings indicate that Philanthropic Law integrates elements of natural law, utilitarianism, sociology of law, theories of justice, and progressive legal philosophy into a cohesive paradigm capable of addressing contemporary socio-legal challenges. This value-oriented approach supports the harmonization of international human rights norms within Indonesia’s constitutional framework and is consistent with Pancasila and the 1945 Constitution. The study proposes a reconceptualization of law as a participatory, adaptive, and justice-oriented process. It further recommends the adoption of value-based legislation, human rights–driven judicial reasoning, and transformative legal education to advance legal reform. Future study may explore the operationalization of Philanthropic Law in environmental, digital, and socio-economic regulatory frameworks.
Co-Authors Alameri, Maitha Alkaabi, Aishah Alkaabi, Hamda Chami, Yassine Mohamad Albakjaji Novendri M Nggilu Qutieshat, Enas Yassine Chami Yassine, Chami