Showing posts with label Legal System. Show all posts
Showing posts with label Legal System. Show all posts

20 April 2008

Court interpreters in UAE sharpen their skills

In an effort to speed up disposal of cases and sharpen the skills of court translators, the Ministry of Justice conducted on Saturday, an intensive training programme for all interpreters working at various courts across the country.

This is the first time in a few years the interpreters in federal courts get an in-service training in one of the most important areas of judicial process.

'In a country where more than 175 different nationalities live together, there may arise various types of disputes, both civil and criminal. The courts are not able to hand out judgments in these cases without listening to the parties involved, and this makes the role of court translators crucial', said the chief trainer Dr. Kamil Bashir.

He asked the interpreters to be extremely careful and honest when relating to the judge, the statements of the parties in a dispute, as they are not able to express their reasoning convincingly in Arabic.

'To avoid errors in interpretation, you have to earn the skill of understanding their distinctive national and traditional ways of communication. This may sometimes necessitate to understand their body language and read their non-verbal messages', said Dr. Bashir, who holds a doctorate in English language from Britain's prestigious Exeter University.

He reminded them of the vast ethical accountability in their sensitive profession, as a mistake in translation can tamper with the evidence, and thus make the justice be lost.

'You have to find yourself in the shoes of a judge when participating in the process of courtroom trials', said Dr. Bashir Senior legal Trainer at the Institute of Training and Judicial Studies, Counsellor Ahmed Suleiman portrayed the magnitude of the accountability of a court translator saying that he is part of a mechanism administering justice.

'You are walking on a narrow road, on each side of which, rest heaven and hell', he reminded.

The training programme was organized by the Judicial Inspection Directorate at the Ministry of Justice in association with the Institute of Training and Judicial Studies based at the University City in Sharjah.

In a circular sent to various federal courts in the UAE, Director of the Judicial Inspection Department Humaid Musabbah Al Muhairi made it clear that the court interpreters should be given adequate training in legal phraseology to avoid mistakes in interpretation.

In view of the vast economic renaissance being witnessed by the country, and the increasing need for court interpreters, the Institute of Training and Judicial Studies has planned periodic training for the interpreters as part of the strategy for the human development. WAM

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08 April 2008

Divorced man ordered to pay child allowance

The Federal Supreme Court has ordered a divorced man to pay Dh1,500 to his ex-wife as child support allowance every month.

The woman had earlier filed for self-divorce in the Al Ain Shariah Court of First Instance demanding the estranged husband to provide a monthly child allowance of Dh4,500.

In her lawsuit, the woman said she had been bringing up the children on her own at first because it was she who had demanded divorce.

However, she was no longer able to meet the expenses of the children and that she had not officially assigned her uncle to finalise the self-divorce agreement with her former husband.

The Shariah Court as well as the Abu Dhabi Court of Appeal rejected the demand. She then approached the Supreme Court, which accepted her plea and referred the case back to the Court of Appeal.

Once again, the Court of Appeal ruled the divorce null and void as it took place through a non-designated representative of the wife. It also asked the woman to get back to her husband. The woman filed an appeal at the Supreme Court for the second time.

Her lawyer argued that the verdict declaring her divorce null and void is illegal as the Shariah laws stipulate that the couple in such cases must remain divorced even if the self-divorce procedures are not conducted in the legal manner.
The Supreme Court agreed with the argument and said that the self-divorce is final and the husband must pay a monthly child allowance of Dh1,500. Source

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26 March 2008

The Islamic Shariah as universal legal system

The International Conference of the Presidents of the Supreme Courts that concluded in Abu Dhabi on Monday was hailed by the international participants, saying it was a huge success.

The concluding day focused on the justice delivery and challenges of the 21st century and Islamic Shariah as a legal system coexisting with other legal systems around the world.

Different judges and legal experts who attended the conference said they had benefited from the conference.

The conference also discussed the Shariah as a universal legal system juxtaposed with other legal systems of the world.

Dr Abdel Wahab Abdool, President of the Federal Supreme Court of the UAE, said, “Different religions, faiths, beliefs, creeds, schools and opinions among people lead to the different laws controlling the social behaviour of individuals within or outside their society and country.

“It is noteworthy that the establishment of domestic and international security, stability and peace is one of the objectives of any legislation which can’t be realised unless the relation among different legal systems is seen as a relation of juxtaposition, regardless of their differences in general bases, characteristics, sources or means of enforcement.”

Dr Abdool clarified some concepts of the Shariah and pointed out the scope of combining it with other great legal systems in the world.

“With its overall bases and general legal principles derived from Islam, the Shariah finds detailed legal solutions for all problems of everyday life just as any other legal system. It is therefore a truly independent legal system,” Dr Abdool concluded.

Muhammad Samid Al Raqqad, President of the Court of Cassation and President of the Judicial Council of Jordan, said it was important to develop common standards for universal rights.

Jalal Al Din Muhamad Uthman, Chief Justice of the Supreme Court of Sudan, described the Shariah as a universal legal system.

Abdul Aziz Al Yaqobi, Judge, Judiciary Department, Emirate of Abu Dhabi, presented a comprehensive research paper on the ‘Protection of the Sanctity of Privacy in Shariah and Comparative Law. Al Yaqobi explained the concept of sanctity of privacy and the special laws to guarantee its protection in the Shariah and other legal systems. Source

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