Browsing by Author "Nisar Mohammad Ahmad [Supervisor]"
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Publication الحماية القانونية للوظيفة العامة من الفساد الإداري في ظل الشريعة الإسلامية وقانون دولة الإمارات العربية المتحدة - (دراسة مقارنة) .(Universiti Sains Islam Malaysia, 2023-02) ;علي سيف علي بن غافان آل علي‘Ali Saif Ali ibn Ghafan Al-AliDue to the growing corruption behaviors that destroy the nerve of the administration and the state, hinder its growth and development, threaten its security, and the disintegration of its societies, there is an urgent need to protect the public function and public money from these risks that threaten them as one of the main pillars in building states. The problem of the research lies in the fact that the United Arab Emirates, just like the rest of the world and the United Nations, has moved at the local, Gulf, regional, and international levels, to combat corruption by merely enacting legislation and local laws that criminalize administrative corruption behaviors and prosecute the perpetrators and apply penalties to them. This move, however, does not work due to the continuous development of administrative corruption. Through his thesis, the researcher hopes that the UAE will adopt the thesis proposal by establishing a ministry or a public body specialized in combating corruption in general and administrative corruption in particular. To ensure that this research can achieve the research objectives and further uncover the research problem, the researcher used several approaches namely the inductive, comparative, and analytical approaches. For the researcher, the importance of the study for the authorities and individuals in the UAE society and in the world, in general, highlights the importance of the existence of competent bodies or organs to combat administrative corruption and its impact on these crimes. The researcher concluded that the countries that have anti-corruption administrative agencies have made significant progress in the fight against administrative corruption, and these countries also present a better position in the corruption perception index. The researcher recommends all countries establish anti-corruption administrative bodies, and Islamic countries should develop a working basis for anti-corruption administrative bodies derived from Islamic law. - Some of the metrics are blocked by yourconsent settings
Publication الوضع القانوني للأسرى الفلسطينيين في سجون الاحتلال الإسرائيلي(Universiti Sains Islam Malaysia, 2024-07) ;مراد (أحمد رشيد) حسن خضر ;Murad (Ahmad Rashid) Hasan KhaderNisar Mohammad Ahmad [Supervisor]This study discusses the position of Palestinian prisoners in Israeli prisons from a legal perspective. The main focus of this study is to clarify the importance of the issue and the standard of living of Palestinian prisoners and the role played by international humanitarian law and international criminal law in guaranteeing protection to those affected by the effects of war. The issue of prisoners is important because it involves sentiments that are close to the Palestinian people in particular and the international community in general. These issues include moral, legal, and political values that affect the level of peace in society as a whole. This study aims to examine the position of Palestinian prisoners in Israeli prisons from the perspective of international law and treaties by explaining the definition of prisoners of war and Israel's treatment of Palestinian prisoners. The study also sheds light on whether the provisions of international law and treaties apply to Palestinian prisoners of war. The importance of this study from an empirical perspective is obtained from explanation of some of the legal actions that can be used by Palestinian prisoners and their representatives in accordance with international law and treaties at the International Criminal Court. The researcher found several findings, especially those of international humanitarian law that are binding and must be complied with by every country in the world. Its articles reinforce Israel's civil and criminal responsibility for its policies and abuses against Palestinians. Some of the captives were considered prisoners under detention rules, as they were not involved in resisting the occupation, while some of the other captives were kidnapped, including popular and political leaders held by Israel as administrative prisoners. In addition, the detention of children, women, prisoners, and other detainees in Israeli prisons is tantamount to kidnapping and constitutes a war crime. This study suggests that the issue of Palestinian prisoners should be a priority for all Arabs, foreigners, and locals. It is important that the case be brought to the International Criminal Court so that the voices of Palestinians are heard by the Court and that executive powers are formed to ensure that the Court's decisions on the issue of Palestinian prisoners are implemented. - Some of the metrics are blocked by yourconsent settings
Publication ظاهرة إطلاق العيارات النارية في المناسبات العامة وموقف التشريع والقضاء والسلطة التنفيذية الأردنية منها: دراسة ميدانية تحليلية(2024-04) ;مهند راضي رداد السرحان ;Mohannad Radi Radad ALsarhanNisar Mohammad Ahmad [Supervisor]The problem of the study lies in the weakness of the legal texts contained in the current laws regulating the phenomenon of firing bullets at public occasions in Jordan. The study aimed to find solutions and legislative proposals in those laws through the role of legislation, the judiciary, and the Jordanian executive authority in finding those solutions to address the weaknesses in it, the extent of its ability to confront the phenomenon of firing bullets in order to limit its spread, identify the reasons leading to the firing of bullets there and the resulting effects, explain the view of the Jordanian legislator on this phenomenon through the laws regulating it, and identify the role of both the judicial authority and the agencies of the executive authority in reducing of the spread of this phenomenon. The researcher followed the inductive and analytical field approach in conducting this study in order to achieve the goal of answering the problem of the study, and to achieve its objectives, a questionnaire tool was designed, which was then distributed to (218) participants, including judges and prosecutors, as well as an interview tool with the administrative referees and the head of the legal committee in the House of Representatives. The study concluded with a set of results, the most prominent of which is that there is a group of reasons that contribute greatly to bringing the phenomenon into existence, the most important of which are the social reasons and customs inherent in Jordanian society, legislative reasons, cultural reasons and others, and the negative effects that may result on security stability, and human beings, the emergence of societal violence, and the increase in murders. Secondly, it was discovered that the Jordanian legislator criminalized this phenomenon and considered it a crime independent of other crimes. Thirdly, there was an important role played by the legislative, judicial, and executive authority in limiting its spread. Finally, the firearms are considered one of the most important tools used to fire bullets at public occasions and one of the most dangerous to humans. This study is a specialized scientific reference in trying to develop legislative solutions to address the legal gaps in Jordanian law that addresses this phenomenon