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p-Index From 2021 - 2026
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All Journal JHCLS Mazahib: Jurnal Pemikiran Hukum Islam
Khater, Maya
Unknown Affiliation
Religion Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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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.
Doctrinal and Comparative Assessment of GMO Liability Laws in the UAE Imad, Dina; Khater, Maya; Abouhaiba, Nagwa; Qutieshat, Enas; AlMatrooshi, Ali
Journal of Human Rights, Culture and Legal System Vol. 6 No. 1 (2026): 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.v6i1.701

Abstract

Genetically modified organisms (GMOs) have become an integral part of modern biotechnology. However, their increasing use has sparked complex debates. The controversy pertains to balancing the benefits of biotechnological improvements against potential risks to biodiversity and public health.  The current study aims to critically evaluate the legal texts related to accountability and civil liability for damages caused by GMOs. It seeks to assess the adequacy of UAE legislation in establishing effective mechanisms for liability and compensation for environmental and health impacts, thus answering the central question to what extent does the current UAE law enhance accountability compared to international standards. It employs a descriptive-analytical and comparative legal approach based on the analysis and critique of relevant international and UAE legal documents. The findings reveal that the UAE has established an advanced regulatory system aligned with international standards; however, significant legal gaps remain in definitional clarity, sanctions framework, liability rules, and enforcement provisions. The study concludes with a synthesis table and figure mapping points of convergence and difference between national and international instruments. The study recommends further development of the rules related to compensation and penalties to ensure appropriate legal deterrence for GMO-related harm and calls for legislative amendments that enhance the clarity of texts and their integration with international frameworks.
Co-Authors Abouhaiba, Nagwa AlMatrooshi, Ali Chami, Yassine Imad, Dina Mohamad Albakjaji Qutieshat, Enas Yassine Chami