Alijtihed Journal on Legal and Economic Studies
ISSN: 2335-1039; e-ISSN: 2437-0754 Alijtihed for legal and economic studies review is an international journal, double blind peer-reviewed, bi-annual and free of charge, open access journal published by the Faculty of law and political sciences, University of Tamanrasset – Algeria; the journal focuses on the following topics: it focuses on the following topics: law and economics. it provides an academic platform for professionals and researchers to contribute innovative work in the field. The journal carries original and full-length articles that reflect the latest research and developments in practical aspects. The journal is published in both and print versions. The online version is free access and downloadable. All papers around the world are very welcome in our international journal. Manuscripts can be sent at any time for the two issues ( January and June) Alijtihed for legal and economic studies journal articles are indexed in doaj , the largest abstract and citation database of peer-reviewed literature. The journal offers readers free access
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Balancing Environmental Protection and Investment Promotion in the Regulation of Classified Installations under Algerian Law
Balancing economic development with environmental protection remains a demanding legal and policy task for contemporary states. In Algeria, the issue is sharpened by rapid industrial and economic expansion, which has increased the number of industrial and commercial installations whose activities may threaten environmental media through air, water, or soil pollution. Algerian legislation accordingly identifies environmentally sensitive activities and submits them to a classification regime, grouping them into categories of “classified installations.” This framework is intended to promote industrial investment while establishing legal mechanisms that protect the environment and secure its sustainability over time. The legislative orientation is to shape a legal environment where investment incentives coexist with enforceable safeguards. For that purpose, the State has adopted laws and regulatory instruments that operationalize this balance and impose concrete duties on industrial project operators, including preventive measures designed to reduce and contain the adverse effects of economic activity on the surrounding environment.
Classified installations; investment; environmental protection.
Copyright (c) 2026 Alijtihed Journal on Legal and Economic Studies https://creativecommons.org/licenses/by-sa/4.0
Migration and Sovereignty between the Logic of the State and International Obligations
There is doctrinal conflict between the concepts of national sovereignty and international migration within the framework of human rights, as they are viewed as conflicting requirements, where the existence of one necessarily affects the other. When analyzing the management of migration, a deeper understanding of the concept of sovereignty becomes evident, as it exercises its role in monitoring borders and determining who is allowed to enter the territory. The relationship between migration and the principle of sovereignty is intertwined and complex, based on the premise that sovereignty is a fundamental pillar in international law, ensuring the state’s ability to impose its control and its right to regulate its borders. However, the increase in international migration flows, whether regular or irregular, it reflects the challenge of reconciling the protection of national sovereignty and border control on the one hand, and the guarantee of human rights within the scope of migration on the other hand, which requires careful and balanced consideration between the requirements of sovereignty and international obligations.
Sovereignty; international migration; contemporary sovereignty; flexibility of sovereignty; border control.
THE ROLE OF JUDICIAL INTERPRETATION IN ESTABLISHING THE RULES OF ADMINISTRATIVE LAW
Judicial interpretation in the administrative field plays a vital and significant role in establishing various legal rules. Judicial interpretation is no less important than legislation, and it is generally understood that judges, especially administrative judges, are responsible for interpreting and implimenting the law to the disputes brought before them. They do so without going beyond to the creation of legal rules, and this is of course due to one of the guarantees ensuring the application of the principle of legality, namely; the principle of separation of powers. However, sometimes the judge resorts to judicial interpretation, especially in administrative law, to solve the problem presented before him, and this is of course due to the fact that administrative law is of a judicial origin.
Judicial interpretation, administrative judiciary, legal rule, administrative law.
Substitutional Inheritance in the Algerian Family Code and Its Comparison with Islamic Sharia
The Algerian Family Code provides for a special system known as substitutional inheritance ("tanzul"), through which grandchildren replace their deceased father in inheriting from their grandfather, under conditions that relate both to testamentary provisions and inheritance rules. This article examines the classification of substitutional inheritance and determines the extent to which it aligns with the provisions of Islamic Sharia, given that the texts of the Family Code are derived from it.
Substitutional inheritance; tanzul; will; succession; de cujus; grandchildren; ascendants.
Arbitration in Comprehensive Vehicle Insurance Contracts according to Palestinian Law: A Descriptive and Analytical Study of the Texts of Arbitration and Insurance Laws
The increasing number of traffic accidents and the resulting physical and material damages have led countries to enact laws allowing vehicle owners to obtain insurance policies that cover all damages caused by their vehicles. This study aims to address the following question: “To what extent is it possible to include an arbitration clause in disputes related to comprehensive vehicle insurance contracts under Palestinian legislation?” The study concluded that an arbitration clause is considered valid and legally effective if it is stipulated as a separate clause from the general terms of the contract, in a clear and unequivocal manner indicating the intention of both parties to apply it. However, if it is stipulated in the form of an arbitration agreement, there is no dispute regarding the permissibility of resorting to it, as it is concluded after the dispute has arisen, and neither party may compel the other to resort to this method.
Palestinian Insurance Law, Palestinian Arbitration Law, Arbitration Clause, Arbitration Agreement
Proposed Solutions In Case Of Disagreement Regarding the Applicable Law to an International Commercial agency Contract
Determining the law applicable to international trade contracts relies primarily on the principle of party autonomy. However, parties may neglect to include a choice-of-law clause, disagree on the law governing their contractual relationship, or fail to reach a clear agreement in this regard, necessitating the search for practical solutions. ​Therefore, we have proposed solutions for cases where no choice or agreement is made by the parties regarding the applicable law, by presenting two primary options: ​The first option: is the 1978 Hague Convention on the Law Applicable to Agency and Representation. ​The second option: relates to the UNIDROIT Principles of International Commercial Contracts of 2004 (amended in 2010), which aim to harmonize divergent legal systems, enhance contractual balance, and prevent unfair advantage, earning them broad acceptance in international commercial practices."
International commercial contract; International commercial agency contract; Applicable law; law of will; International trade.
Disputes in Industrial Real Estate Investment: Challenges and Solutions
Investment in industrial real estate is a key driver of economic development and capital attraction. However, in practice, it generates various legal disputes that may undermine its stability and effectiveness. This article analyzes the effectiveness of the legal framework governing industrial real estate investment in reducing such disputes, while also assessing the efficiency of dispute resolution mechanisms, particularly judicial ones. It highlights the main challenges related to the nature and causes of these disputes, including administrative complexity, overlapping jurisdictions, and legislative ambiguity. The study adopts an analytical and critical approach to evaluate the adequacy of existing legal solutions. It concludes that, despite the presence of regulatory mechanisms, the legal framework still faces significant challenges in preventing and resolving disputes. Accordingly, enhancing legal certainty, simplifying procedures, and promoting alternative dispute resolution mechanisms are essential to ensure a balanced protection of investors and the public interest.
Industrial Land – Investment Law – Investment Disputes –Judicial Settlement – Alternative Dispute Resolution (ADR) –Legal Security – Public Interest.
Measuring the Impact of Employing Artificial Intelligence on the Development of Financial Services in Algeria: A Field Study
The study investigates the impact of adopting artificial intelligence technologies on improving the quality and efficiency of financial services in Algeria. Data were collected through a structured questionnaire, with a valid response rate of 97.24%, ensuring credible evaluation. The findings demonstrate statistically significant evidence that AI is increasingly integrated into core operations, contributing to improvements in service quality and institutional performance. AI adoption was found to enhance accuracy, accelerate processes, and support better decision-making, reflecting a shift toward digital transformation in the Algerian financial sector. The study recommends accelerating AI implementation and providing continuous training to strengthen employees’ digital competencies. It also emphasizes the importance of establishing regulatory frameworks to guide AI deployment and adopting phased strategies to ensure effective technological integration. Additionally, the study highlights the need to develop partnerships between financial institutions and technology firms to create AI solutions suited to the sector’s needs in Algeria.
Technology; Artificial Intelligence; Development; Financial Services; Algeria.
Legal Challenges in Self-Driving Cars: an In-Depth Analysis
The emergence of autonomous vehicles (AVs), or self-driving cars, marks a major transformation in transportation, offering improved safety, efficiency, and accessibility. These advanced machines, driven by artificial intelligence and sophisticated sensors, promise to reduce traffic accidents caused by human error, reshape cities, and enhance mobility, especially for those with physical or geographic limitations. Beyond the technological benefits, AVs raise serious legal and ethical challenges. Traditional laws, built around human drivers, struggle to address issues like liability and accountability in machine-operated vehicles. As control shifts from humans to algorithms, legal frameworks must evolve to manage responsibility in the event of accidents or failures. This paper explores key legal questions, including the move from negligence to product liability, the inconsistency of regulations across jurisdictions, and the ethical concerns in programming AV decision-making. It calls for updated, harmonized legal approaches to ensure the responsible and just integration of AVs into society.
An analysis of the results of the 2023 Gaza War and its repercussions on the Zionist project, with significant reference to Operation "Al-Aqsa Flood
This research intends to determine the outcomes of the Israeli conflict in Gaza in October 2023 and its implications for the Zionist agenda. The failure of this project and its setbacks in the occupied Palestinian territories hold strategic significance not only for the Palestinian national project’s legitimacy but also for the Arab nations. Every strategic victory secured by the Palestinian resistance results in a downturn and setback for the Zionist endeavor. The outcome in Gaza was disastrous by any standard, and in a significant nod to the Al-Aqsa Flood operation, which marked a crucial shift in the Palestinian-Israeli conflict's history, it delivered a severe blow to the Israeli state, revitalizing the Palestinian cause and putting it back at the center of global focus during a time when it had become sidelined and overlooked. The outcomes of the operation were emphasized by European nations announcing their acknowledgment of an independent Palestinian state, with additional countries contemplating similar actions. This is a significant achievement that enhances the list of strategic victories accomplished by the operation within the Palestinian territory.
The Zionist project, the Al-Aqsa flood, the Israeli-Palestinian conflict, Palestinian resistance.
The Role of the Azzaba Council in Local Crisis Management: A Case Study of the Brian Crisis (2008–2009) in Ghardaïa Province
This study examines the role that has been played by the Council of ʿAzzāba as a societal religious body endowed with profound historical legitimacy, which has a distinctive organizational reservoir within the M’zab Valley society. This study also sheds light on how this Council has been able to manage one of the most intense crises in this community, which was known as the Berriane crisis in 2008-2009. The actual problematic of this research aims to examine how this Council has been able to control societal interactions and how it has been able to manage rising tensions amid societal transformation and value shifts among this society of M’zabis. The problem of research touches on the degree to which the ‘Azaba Council was able to impose control on social interactions and manage tensions in the face of transformative and value-shifting changes witnessed by the M'zabi society. It also explores whether the traditional mechanisms used by the Council were really capable of correcting the crisis's course and mitigating its implications, alongside if they could be applicable as models for similar societies. The study employed a descriptive and analytical method, coupled with a case study method that seeks to analyse the crisis management course in relation to organisational structures of the Council, its instruments of intervention, and its effectiveness in containing tensions. To this end, it used directed interviews, direct observations, and documentary evidence, which allowed it to deconstruct the different Council role types in the course of the crisis, in relation to issues such as social mediation, societal de-escalation, cooperation with official authorities, as well as rebuilding trust in society when faced with escalated violence. The conclusions demonstrate that despite being faced with challenges emanating from the waning potency of traditional institutions as well as from the complexities of societal transformation in contemporary society, ʿAzzāba Council has maintained a potent capability for mobilizing social capital and steering it towards de-escalation. The ʿAzzāba Council has been able to identify a middle ground that would facilitate agreement between the conflicting parties, showing tenacity in carrying the burden of the resultant crisis. This has been informed by its symbolic legitimacy as well as a robust ethical control system in place. This study concludes that in order to present an important model of how traditional institutions of society can be effective in the management of local crises, it would be essential to examine the experience of ʿAzzāba Council that occurred in the crisis of Berriane. This will help in highlighting the importance of a complementray approach in combining traditional structures with official governance, which would enhance stability, community-based conflict prevention, and establish peace in society.
ʿAzzāba Council – Crisis Management – Local Crises – Berriane Crisis.
Asymmetric Security Threats and Their Impact on Algerian National Security: A Reading of the Confrontation Strategy
Many countries, particularly in the African continent, are witnessing a noticeable increase in asymmetric security threats, both in terms of their diversity and spread. This escalation is largely attributed to a range of factors, including poverty, political instability, weak institutions of good governance, and the absence of justice and the rule of law. These conditions have had a direct impact on Algeria’s national security. Accordingly, this study aims to provide a general overview of these circumstances, while shedding light on the key deterrent mechanisms and strategies adopted by Algeria to secure its borders and mitigate the consequences of such threats. The study concludes that the complete eradication of this type of threat is extremely difficult. Therefore, it is imperative for the Algerian state to focus its efforts on learning how to manage, contain, and undermine these threats in order to safeguard its national security.
Asymmetric security threat ,Algeria, National security, Strategies.
Public finance reform and sustainability prospects in the Sultanate of Oman: )An assessment of plans and programs within Oman Vision 2040(
This study aims to present and clarify the public finance plans and programs in the Sultanate of Oman, focusing on the public finance reform plans and programs (2014-2019), which aimed to eliminate the large public finance deficit the Sultanate has suffered from since the decline in oil prices in late 2014. This study then transitioned to the medium-term fiscal balance plan (2020-2024), which established the starting point for the Sultanate of Oman to launch and define its 2040 strategic vision, particularly with regard to economic and public finance reforms. This paved the way for the beginnings of financial and economic reform with the implementation of the Omani National Program for Financial Sustainability and Financial Sector Development (2023-2025), which is currently ongoing. This program seeks to implement and build a diversified and sustainable economy within the framework of Oman Vision 2040, reducing dependence on oil revenues.
Sultanate of Oman; Public Finance; Oman Vision 2024; Financial Plans and Programs.
Public transactions in Algeria between the legislative text and implementation difficulties: an analytical study in light of Law 23- 12
This study attempts to shed light on public procurement as the most effective legal and economic tool for implementing the government's development plans, based primarily on the mechanism and regulation of public procurement, which has undergone numerous amendments and changes, culminating in Law 23-12, which introduced a number of features. The results of the study showed that although the enactment of Law 23-12 was a step forward in framing public procurement within a clear legislative system, the practical application of this law reveals a significant gap between the legal text and the reality on the ground. Its implementation on the ground continues to face a number of difficulties in achieving its strategic objectives, which makes the application of the new law a real test of the state's ability to establish a transparent, fair and effective institutional environment in the field of public procurement in Algeria.
public procurement, strategic, application of the new law, Algeria
Challenging the Decisions of Specialized Administrative Judicial Bodies.
Given the increasing number of administrative disputes, which has led to heightened pressure on the administrative judiciary, this has negatively impacted the quality of rulings and decisions issued by this judiciary. This issue prompted the Algerian legislator to establish what are known as specialized administrative judicial bodies, which are authorized to adjudicate a specific type of dispute with a disciplinary nature. Among the most important of these bodies are the Court of Auditors, the Supreme Judicial Council as a disciplinary body, and the national appeal committees. One of the key criteria used to recognize the judicial nature of these bodies is the appeal process against the decisions issued by them. The State Council is the authority entrusted with adjudicating such appeals, which are classified as cassation appeals, according to various legal texts, whether those related to the State Council and the Civil and Administrative Procedure Law, or those specific to these bodies, as well as in the case law of the State Council.
Specialized Administrative Judicial Bodies, Cassation Appeal, State Council, Legal Texts, Judicial Precedents.
The right to Health :what international and constitutional garantees
International and regional agreements, along with national laws and constitutions, have consistently given significant attention to health. This is because health is deeply intertwined with human life in general, and specifically with our daily activities and functions They didn't just enshrine this in their texts; they also establishing mechanisms for healthcare control and protection, wich was notably reflected in Algeria's most recent constitutional amendment in 2020. This study aims to clarify that the right to health is guaranteed by international human rights treaties and by the constitutions of various countries, including Algeria. And our most important result is that Algerian constitutions diverge in safeguarding the right to health, consistent with international instruments.
right to health, international instruments, regional instruments, constitution, Algeria
The Role of the President of the Republic in Protecting Public Rights and Freedoms in the Algerian Political System-A Study in the Light of the 2020 Constitutional Amendment-
This study aims to emphasise the President of the Republic's role in safeguarding public rights and freedoms within the Algerian political system, as outlined in the constitutional amendments of 2020. It concluded that these amendments represent a significant improvement in this respect, emphasising the President's role as guarantor of these rights and freedoms and granting him substantial powers to enforce them.
Rights, public freedoms, President of the Republic, Algerian political system, constitution.
Criminal protection of societal security in Algerian legislation: A study of mechanisms of prevention and response
Societal security constitutes one of the contemporary dimensions of the broader concept of security. It has emerged as a result of growing threats linked to identify, as a well as to cultural, religious, and social affiliation within a single community. This paper seeks to shed light on the forms of criminal protection established by the Algerian legislator to preserve societal security, through the discrimination, hate speech, and illegal migration. And to examine the preventive and deterrent mechanisms provided in this contest. The study concludes that, although the Algerian legislator tends to prioritize state security over societal security, several legislative provisions nonetheless ensure indirect protection of this latter dimension. It therefore calls for the adoption of an explicit legislative framework for the concept of societal security, so as to promote social stability and reinforce civil peace.
societal security; criminal protection; hate and discrimination offences; illegal migration; social cohesion
Legal protection for state lands under Law 23/18
The Algerian legislator through law (23/18), which includes protecting and preserving the lands of the state, has worked to set laws that include a set of administrative and deterrent judicial measures to address the phenomenon of attacking government lands of all kinds and seizing them illegally by establishing structures and buildings on them. This study aims to highlight the new mechanisms in the field of protecting and maintaining government lands, which includes expanding the list of qualified employees for monitoring, research, investigation and inspection, and to give these employees and government land managers strict powers in the field of protection and preserving those lands, while developing severe penalties for criminals who attack these lands.
State lands; buildings; Agents control; local cells.
Protection of agricultural land in accordance with the provisions of the Algerian Planning and Development Law
This study aims to identify the mechanisms for protecting agricultural lands stipulated in the Planning and Development Law, and to highlight their effectiveness in protecting agricultural lands, considering them a non-renewable resource and the foundation upon which the national economy is built, within an international system that maintains dominance for the strongest in terms of producing consumer needs and achieving food self-sufficiency in consumer goods. Through the Planning and Development Law, it appears that this law aims primarily to produce lands suitable for development, taking into account the specific characteristics of some distinctive regions such as protected sites and agricultural lands. The study concluded with a number of results, including that this law established important protective mechanisms for agricultural lands, which would protect them from all the dangers to which they were exposed, although these mechanisms were in some cases subject to violation by legislative intervention, which made them limited in performance.
agricultural land, protection, planning and development law, master plan for planning and development, land use plan, regional development plan.
The Effectiveness of the Risk-Based Approach in Protecting E-Governance from Cyber Corruption -An Analytical Study in Light of Algerian Legislation-
This research analyzes the risk-based approach as a key modern mechanism adopted by the Algerian legislator to combat corruption within the framework of digital governance. It focuses on the preventive role of public administration and highlights the shift in criminal policy from punishment toward proactive detection of financial and administrative crimes through specialized legal and technical frameworks. The study concludes that the effectiveness of this approach depends on strengthening electronic legislation and enhancing digital oversight. It also emphasizes the importance of involving civil society in reporting corruption, supporting digital platforms, and simplifying preventive monitoring tools to ensure transparency, efficiency, and the proactive prevention of corruption
Administrative Corruption, E-Governance, Administrative Oversight, Corruption Prevention, Financial Crimes
Islamic Banking in Algeria: Legal Framework and Development Prospects
Islamic banking finance represents one of the most prominent modern financial mechanisms that has proven its efficiency in promoting financial stability and diversifying sources of funding within a framework consistent with the principles of Islamic law (Sharia). Algeria adopted this model through Monetary and Credit Law No. 90-10, which authorized the establishment of Islamic banking institutions and the opening of Islamic finance windows within conventional banks. Subsequently, Regulation No. 20-02 of 2020 provided the operational framework governing Islamic banking activities, setting out the procedures and conditions for their implementation. This framework was further reinforced by Law No. 23-09 of 21 June 2023 on the Monetary and Banking Law, which expanded Islamic financing instruments and strengthened the powers of the Money and Credit Council in terms of authorization and supervision. This study aims to analyze the legal and regulatory framework governing Islamic banking finance in Algeria and to assess its effectiveness in achieving its objectives, while exploring prospects for its development in line with national economic requirements and relevant international standards.
Islamic finance, banking law, Islamic banking, Algeria, banks
Virtual currencies in Algeria between Islamic jurisprudence and legal criminalization: A reading of Law No. 25/10
This article examines cryptocurrencies through a comparative analytical approach between Islamic jurisprudence and Algerian law, aiming to clarify their nature, the Sharia ruling on dealing with them, and the position adopted by the Algerian legislator. It highlights the juristic debate surrounding the legal characterization of cryptocurrencies and the extent to which they may be classified as property or money under Islamic law, in light.
: Virtual Currencies, Maqasid al-Sharia, Financial Security, Legal Criminalization.
The Weekend Legal System in Algerian legislation - Legislative Challenge and Social Dimension-
The Algerian legislature has regulated the weekend according to the principle of sovereignty, determining its duration. Friday is considered the appropriate day, given the dimensions and objectives it serves and the aspirations of all members of society. This research aims to highlight the foundations adopted in the legislation of Friday as the weekend, its sovereign nature, its development, the criteria for its selection, the social dimensions it achieves, and the provisions related to it, this research, particularly since it is also considered a rest day under normal circumstances, allowing for time off from study and work in its various forms and forms, presents a challenge for the legislature to issue a legal system specific to it and not just regulate it.
legislation, holiday, social objectives, sovereignty, regulation
Legal Controls for Early Childhood Reception Institutions in Algerian Legislation
This study aims to analyze the regulatory framework of early childhood care institutions in Algeria, clarify the legal conditions for their establishment by natural and legal persons, identify the administrative and technical obligations imposed upon them, and examine the supervision mechanisms applied and the penalties prescribed in case of violations, by adopting descriptive and analytical approaches through examining relevant legal texts, particularly Executive Decree No. 19-253, as amended and supplemented by Executive Decree No. 25-88, and the resulting ministerial decisions, in order to assess the adequacy of this legal framework in achieving the best interests of the child. The study found that the Algerian legislature surrounded these institutions with precise and objective establishment conditions, obligated them to implement unified pedagogical programs and healthy meals, and subjected them to strict prior and subsequent monitoring through joint committees from various sectors.
Early childhood care institutions; administrative obligations; technical obligations; supervision; best interests of the child
The Foster Child's Alimony: Between Legislative Shortcomings and Judicial Practice
This article examines the fostered child alimony as a fundamental legal implication of Kafala under the Algerian Family Code. The foster parent becomes legally bound by this obligation upon the issuance of either the contract or judicial order of Kafala.This contract is characterized by its consensual formation, as the foster parent undertakes it on a gratuitous basis. Its effects are governed by statutory provisions, which have regulated it and conferred upon it a public policy character. Among these is the maintenance obligation, which is based on personal considerations and is thus affected by changes in the circumstances of both the foster parent and the fostered child. Notably. In the event of the kafil’s divorce, the judiciary has refused to apply the provisions governing the maintenance of the child under custody.
Alimony; Kafala; The foster parent; The Foster Child; Best Interests
The Judge’s Discretionary Power in the Financial Effects of Marriage and Its Dissolution
Legal rules are divided into rigid and flexible categories. Rigid rules remain unchanged across cases, while flexible rules grant judges discretion to interpret and adapt the law according to circumstances. Although judges are not legislators, their discretionary authority allows them to align legal provisions with practical realities, ensuring that the law remains dynamic and responsive to social developments. However, this authority operates within judicial limits, as judges must act in accordance with the spirit of the law rather than creating new norms. Judicial interpretation thus serves to clarify ambiguities, uphold the public interest, and maintain legal coherence and adaptability.
discretionary power, judge, financial effects, marriage
Undermining Customary Practices in Judicial Rulings: A Maqāṣid-Based Approach to Algeria’s Withdrawal of Its
This paper examines the legislative and judicial implications of Algeria’s withdrawal of its reservation to Article 15/4 of the CEDAW Convention, which guarantees women equal rights to freedom of movement and residence. The shift marks a decisive move away from customary norms that once permitted family intervention in women’s travel, reclassifying such practices as violations of individual liberties. Judicial rulings now face the challenge of reconciling traditional expectations with international obligations, while legislators must address the tension between protecting personal freedoms and preserving social cohesion. The analysis highlights how changes in legal terminology reshape judicial priorities, influence the evolution of social customs, and affect family stability. Ultimately, undermining customary norms is not a minor adjustment but a fundamental transformation in the philosophy of law, requiring national institutions to balance compliance with international standards and the realities of local society.
Undermining Customary Norms; Judicial Rulings; CEDAW Convention; Withdrawal of the Reservation to Article 15/4.
The Influence of Custom on Family Law Dowry and Alimony as a Model
The study aims to reveal the impact of custom on family rights through the rights of alimony and dowry, starting with clarifying the status and nature of custom, then explaining its effect on the type, amount, and kind of dowry, as religious law and legislation leave this to what is commonly accepted among people. This is followed by an explanation of the customary dowry and the effect of custom on it in cases of invalid designation, absence of naming the dowry, or disputes over it, where the measure of equivalence is custom. Then, the study clarifies how alimony is influenced by custom in terms of limits, value, and what it includes according to need and economic and social variables, within customary bounds. The study concludes that the reference for regulating and determining many family rights is custom. Custom is not merely a social phenomenon; rather, it is a tool with its legitimate and legal consideration, embodying flexibility and realistic justice that achieves the purpose of family coexistence under mercy, affection, and human dignity.
The Problem of Legal Characterization of Autonomous Ships
Autonomous ships, as an advanced technological product reshaping maritime navigation, raise fundamental legal issues concerning the legal characterization of their nature and operation within the existing maritime legislative framework. The traditional legal framework, which emerged under the assumption of a human crew aboard the vessel, faces genuine challenges with ships operating at varying degrees of autonomy. This problem manifests at several levels: the definition of the ship itself, determination of legal liability for damages, compliance with international maritime conventions, and the effectiveness of maritime transport treaties in light of this transformation.
: Autonomous ships; Legal characterization; Maritime law; Liability; Artificial intelligence