References of "Al Hajjaji, Shams Al Din 50022537"
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See detailIslam and Reform of Authoritarianism: The Case of Muslim Majority Government
Al Hajjaji, Shams Al Din UL

in International Journal of Legislative Drafting & Legal Reform (2020), 8(1), 3-25

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See detailThe 2004 Afghan Constitution and Islam Merits and Challenges
Al Hajjaji, Shams Al Din UL

Scientific Conference (2019, November 11)

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See detailWilayat Al-Qadi and its Malpractice in Iran, Egypt and Jordan
Al Hajjaji, Shams Al Din UL

Presentation (2019, July 16)

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See detailA Tale of Two Theories: Government by Judiciary Theory Versus Guardianship of the Jurist Theory
Al Hajjaji, Shams Al Din UL

in Emory International Law Review (2019), 33

This research argues that Muslim scholars developed two theories of government over time. Even tough Islamic scholars—Shia and Sunni—agree on mandating the highest level of legal knowledge in any member ... [more ▼]

This research argues that Muslim scholars developed two theories of government over time. Even tough Islamic scholars—Shia and Sunni—agree on mandating the highest level of legal knowledge in any member of the Islamic government, they disagree on the legal nature of these members, whether they are judges, or jurists. Shia Islamic scholars adopted the theory of the guardianship of the jurist (Wilayat al-Faqih in Arabic, or Vilayat e-Faqih in Farsi). Unlike Sunni scholars, the Shia has developed a practical approach to apply their theory of government in practice. A prominent example of this theory is the Iranian practice of the Guardianship of the Jurist Theory. Sunni Islamic scholars adopt the theory of government by judiciary (Wilayat Al-Qadi). The assumption of this theory is that member of the government are judges. This is based on the assumption that Prophet Mohamed was a judge with enumerated executive authorities, namely the collection of Sadaqat (state financial revenue), military power, and foreign affairs’ representation. This theory has never been in practice since the assassination of the first four successors of the Prophet. This research is divided into three major sections. The first deals with the theory of Sunni-Muslim scholars, which is government by judiciary. The second section presents the theory of Shia-Muslim scholars, which is guardianship of the jurist. The last section deals with the major five distinctions between the two theories. [less ▲]

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See detailModern Application of the Islamic Principle of Brotherhood: An Assessment of the Syrian Refugees' Relocation Solution in Egypt
Al Hajjaji, Shams Al Din UL

in San Diego International Law Journal (2018)

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution ... [more ▼]

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality. The second involves closing their doors to all refugees, in order to protect their people. Many countries made their own choice: some chose the first option, while many others are still struggling to find a way to accommodate the second choice. Politicians, philosophers and business executives proposed several solutions, most of which are of proven inefficacy, like those of Trump and the EU. A third proposed solution sought to relocate Syrian refugees in a third Arab/Muslim country, which is the least analyzed solution. This research assesses this third solution from six perspectives: historical, moral, cultural, legal, economic, and political. The Article is divided into three main parts. The first presents the Islamic base, and logic for the relocation project. The second tackles the assessment of the solution, while the third proposes some recommendations regarding several practical aspects, like formulating the negotiation and project teams, as well as the assessment and progress of the project. [less ▲]

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See detailNATO, the EU and the Arab refugee Crisis
Al Hajjaji, Shams Al Din UL

in Penn State Journal of Law & International Affairs (2018)

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See detailJordanian Constitutional Court Toward a democraTic, effecTive and accessible
Al Hajjaji, Shams Al Din UL

in Indonesian Journal of International and Comparative Law (2018)

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See detailReform of Judicial Independence rules in Egypt
Al Hajjaji, Shams Al Din UL

in Indonesian Journal of International and Comparative Law (2018)

This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstatethe role ofjudicial autonomy over judicial independence. The judicial independence is a ... [more ▼]

This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstatethe role ofjudicial autonomy over judicial independence. The judicial independence is a debatable issue in the contem- porary history in Egypt. Judges, lawyers, and activist calledfor judicial reform after the success of the 2011 Revolution. In response, the paper presents the concept ofjudicialindependence in Egypt, which reflects an understandingof autonomy rather than independence. More specifically, there is a clear lack of understandingofchecks-and-balancesin theoryandpracticeofjudicialinde- pendence. In this regard, the question ofseparationofpowers and between the judiciary, the legislative and the executive imposes a callfor reform for the role of the Minister of Justice, the JudicialInspection Department, and the president of the primary court over judges. For that matter, this paper answers several questions regardingtheformulation, organization,and separationofpower in the Egyptianjudiciary. [less ▲]

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See detailNATO, the EU and the Arab Refugees Crisis in Europe
Al Hajjaji, Shams Al Din UL

Presentation (2017, December)

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See detailLegal Pluralism in Islamic Jurisprudence; Theory and Practice
Al Hajjaji, Shams Al Din UL

Presentation (2017, November)

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See detailThe Egyptian Judiciary in The age of The republic The Role of Internal Conflicts in ConTrolling The Judicial system
Al Hajjaji, Shams Al Din UL

in Indonesian Journal of International & Comparative Law (2017)

The Egyptian judiciary has struggled against the executive authority for the past decades. This struggle has seen many losses and gains. It has paved the road for the judiciary to play a role in the ... [more ▼]

The Egyptian judiciary has struggled against the executive authority for the past decades. This struggle has seen many losses and gains. It has paved the road for the judiciary to play a role in the constitutional process in the last five years. Many scholars present this judicial struggle as a conflict between the executive and the judiciary. However, the history of the internal conflicts among judges remains a mystery or is merely implied. Such conflicts have taken on various forms based on the political regime in power. As a result, this research argues that the struggle was not only between political regimes and the judiciary, but also expressed itself in an internal conflict among the members of the judiciary. This research is limited to the Republic period, lasting from 1952 to 2014. This period can be divided into seven different eras. This research, however, separates the history of the Republic into just six main eras, due to excluding the al-Sisi era (2014-18), given that he was still in power during the writing of this research. It is historically unfair to document incomplete periods, despite this constituting one of the worst periods in judicial history. Accordingly, this paper limits itself to presenting the internal conflicts witnessed during only six eras. These eras involve the transition period after the monarchy, also known as the Mohamed Naguib era (1952-54), the Nasser era (1954-70), the al-Sadat era (1970-80), the Mubarak era (1980-2011), the SCAF era (2011-12), the Mohamed Morsi era (2012-13), and the transition period following the military coup, also known as the Mansur era (2013-14). [less ▲]

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See detailJudicial Accountability in Comparative Context,
Al Hajjaji, Shams Al Din UL

Presentation (2017, April)

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See detailCall for Judicial Reform
Al Hajjaji, Shams Al Din UL

Presentation (2017, April)

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See detailThe Reform of Judicial Appointment Process in the Ordinary Judiciary in Egypt
Al Hajjaji, Shams Al Din UL

in Middle East Law and Governance (2017)

This article argues for the necessity of the reform of the judicial appointment qualifi- cation, and the judicial appointment powers in Egypt. The article presents judicial ap- pointment process and ... [more ▼]

This article argues for the necessity of the reform of the judicial appointment qualifi- cation, and the judicial appointment powers in Egypt. The article presents judicial ap- pointment process and requirement as the main case study. It illustrates the difference between de facto and de jure in the judicial appointment system in Egypt. These dif- ferences pave the road to a deeper understanding of legal and political aspects of dis- crimination against the poor, woman and political opposition within the appointment process. The article discusses the contemporary challenges in judicial appointment. The challenges can be summarized into: gender inequality, elimination of political mi- norities, and under-privileged citizens. Finally, the article proposes a solution for the problems identified in this article. These solutions are based on reforming the both the judicial appointment qualification, and the judicial appointment powers in Egypt. [less ▲]

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