History Of Sharia Law

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a. Laws were made by authorities to regulate processes and actions of different parties in the society. A law is a set of conditions and rules that a particular society follow as it regulates the actions of its members. The laws are also enforced by the imposition of penalties.
b. Laws usually contribute and legitimacy in the organization of the political, economic and social life in the society. Characterized the legal basis of being public, laws are directed to all and combined with punishment of the offenders. It is also targeted to regulate the behavior of human beings, which is reflective of the conscience of the community. A traditional society look at justice through the provision of the teachings of our ancestors and provide a model
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Sharia law is the base foundation for all Omani law. The Basic Law of the Sultanate of Oman (Sultani Decree No. 101/1996). The Sharia Law assists as a form of national constitution and sets the important principles which monitor the local societies’ laws and policies. In Article 2, the Basic Law states that “The religion of the State is Islam and the Islamic Sharia is the basis of legislation”. However, Sharia law in Oman is established mainly in family law issues such as marriage, divorce and inheritance. In family law, Sharia law rules and all matters are approved by Sharia values. The Sharia law also governs commercial issues and provide guidelines and principles rather than specific rules. A number of Omani Supreme Court confirmed that the role of Sharia law in commercial transactions is different than family law. In commercial issues, Sharia law will only will touch the areas amongst the obvious provisions of Oman’s commercial…show more content…
a. Lamya’s dismissal is an unfair dismissal for several reasons. The reason of dismissal must be justified and has to be away from fantasies and personal feelings. It has to have a certain degree of extent affecting labor relations or significant damage to the company. It is intended that a seriously unjustified degree of importance that makes the termination substantially necessary for the interest of the company. In Lamya’s case the reason given by the company has minimal effect on the interests of the company.

b. In Omani Labor law, Article (40): The employer may dismiss the worker without prior notice and without end of service gratuity in cases such as the employee assumes a false identity, or if he resorts to forgery to obtain the employment or if he commits a mistake which results in a heavy financial loss to the employer.

c. In Lamya’s case, her dismissal from the company was an unfair dismissal and therefore she is entitled to file a complaint in the ministry of Manpower. The Labor Code provides that “if the court finds that the worker’s dismissal or termination of service was subjective or contrary to law, it will be sentenced that either the employee will get back to work, or to force the employer to pay a fair compensation to the employee”. In this case, the Omani Law protects the employee from termination arbitrary employment contract where the worker loses his work and means of

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