When you are assaulted, it is normal for you to resort to any means you deem necessary to stop it, but does the law allow you to do so? Are you allowed to use force to stop the attack directed at you?
Your defense of yourself, your money, or your offer if you are attacked, is a natural reflux of what is happening to you. It occurred, but this right is restricted by not overtaking or infringing upon the unlawful harm of the other. Therefore, the law set conditions that the legitimate defense can only be achieved with, and it is:
1- If the assailant is not able to call upon the public authorities to stop the attack against him.
The basic principle is that the abused will resort to the public authorities if he is harmed, but if he is not able to do so, he will resort to legitimate defense to pay harm to himself.
2- That he has no other way to avoid the danger for himself.
The defense is not considered legitimate if the assailant has what it takes to defend the defense, such as escaping or settling the matter, for exampleً.
3- That the defense be proportionate to the attack.
If a person uses a sharp object to stop the one who attacked him, and then causes a wound, then he will have exceeded the limits of the defense, since his defense is not commensurate with the attack.
4- That the danger be immediate - realistic - and continuous.
If a person defends after the aggressor stops hurting him, then it is considered an attack and not a defense, because the defense is only achieved if the attack continues..
It should be noted that the law not only limited the right to defend yourself, but also extended to allow you to defend others - also - if they were assaulted in its various forms, such as self-assault, money, or offer.
It also allows the defender of himself to use any means he deems necessary to stop the attack on him or others, but within the limits of the law, because if he exceeds these limits he is responsible to the extent of his transgression, and the legitimate defense is not achieved, if one uses it to resist the security men.
It remains to be remembered, that the legitimate defense is a license granted by law for the purpose of paying the danger, so do not make your defense turn into an assault, and then it turns into a crime!
Let's ask ourselves a little, what would we lose if we read the contract before we concluded it carefully? Why do we always tolerate this, even though it only takes us a few minutes ?, How can we sign a contract carelessly? We are indifferent if this signature is evidence of our agreement to all the terms contained in the contract, and that by doing so we create obligations for each of us, which we must perform according to the agreement contained in the contract, and this will not help us when objecting to these terms, regardless of the reasoning reasons. And the law would not pay attention to it then, because we should have been more aware when signing it, by carefully reading the terms of the contract, inquiring about unclear points in it, and discussing the other party about ambiguous matters in it, until we reach an agreement, and then we sign, and we are aware Of what we signed.
Unfortunately, our excuses are always being lazy from reading the contract or our excessive trust in the other party, so there is no need for reading, all of which are unimportant excuses in the law, and no emerging obligation falls on the responsibility of both parties, and does not give them the right to The annulment of the contract, according to the legal rule, which states that: “The contract is the law of the contractors”, and that each of the parties to the contract must abide by what is stated in it, and they are not entitled to violate it, amend it or cancel it, except in exceptional cases.
Someone may ask, What if the contract was written in English and we do not know it? The basic principle is that the contracts are written in Arabic because they are the language adopted in our country, but sometimes you may come across some contracts in English or in other languages, and here you have to request another copy of the contract in Arabic, even if you are fluent in English, because it may contain some vocabulary that is unknown Meaning, and if the two versions contain different conditions, the lesson is in Arabic, not English.
And there may be another question: What if we have any doubts about the contract we will sign or we need someone to direct us before signing it? Be careful not to sign any contract when you are hesitant or ignorant of one of its clauses or suspect that the other party will take advantage of you because of your lack of experience, so immediately seek help from experienced people as legal counsel, to direct you to the correct one.
It is clear from the foregoing that signing the contract is a legal act, which creates unavoidable duties and obligations for its parties, so pay attention before signing the contract, for it has signed terms that do not suit you, and has signed amounts that will burden your future, and know that reading the contract will only cost you Just a few minutes, but not reading it will cost you a lot in the future!
I don’t know what our situation will be like before the dawn of Islam on that world, and the darkness with which the woman was held long, and I don’t know what would happen to us if Muhammad (peace and blessings be upon him) did not recommend to us women, saying: “Companions of the flasks”, to learn After that, women have dignity, consideration and rights, guaranteed by Islamic law and preserved, and from it the family law arose which derived its provisions and rules from this law, so know - O wife - that the law did not oppress you in your marital life, and that you have rights over your husband as he has rights over you.
These rights were represented in the text of Article (55) of the UAE Personal Status Law, which started with the right to alimony, whereby the wife is entitled to as long as she is not defended to support her husband for her alimony, which includes food, clothing, housing, medication, and service “that is, provides her with a servant”, and it is not proven to her This right for jurists is only if two conditions are fulfilled: that the husband is physically able to provide it, and that the wife is served by her family before marriage.
As for the residence, which many husbands often disagree with, it is the wife’s right and not only that, but she is entitled to be “independent” and suitable for living in it, so none of his family will live with her except with her consent, or if the necessity necessitates this, as if his mother has no other breadwinner And also it is her right not to share her other wives with her except with her consent and consent.
In addition to the foregoing, the husband is not entitled to prevent her from completing her education, because he, peace and blessings be upon him, said: “Seeking knowledge is an obligation on every Muslim.”
He also has no right to deny her the right to visit her family, so she must give her parents a womb and reach her womb.
Likewise, he is not entitled to be exposed to her private funds, as she has complete freedom to manage and dispose of her however she wants without the husband getting anything from him - that is, the money -.
The wife has the right to modify her husband between her and the rest of his wives in terms of alimony, overnight, and treatment, because God Almighty says: “Do not lean all miles”, but the heart tendency has no hand in it.
Among the wife’s rights is also the dowry, as it is a pure right for her, as stated in the text of Article (50):
In addition to the foregoing, the husband has no right to harm the wife, whether by beating, cursing her or forsaking her, and the Messenger of God, may God bless him and grant him peace, said: “I do not insult them but mean.”
The goal of imposing punishment on a person who violates the law is not the punishment per se. The wisdom that is manifested behind this is much greater, and it is in the interest of both society and the offender together. By imposing the punishment on the criminal, justice is achieved in society first, and deterrence in Secondly, the same perpetrator, by inflicting psychological and physical pain on him, just as the care, reform and rehabilitation that he receives within the penal and correctional institutions creates a good and normal person from him, so he comes out to society rid of his criminal danger, and then - does not pose any danger to those around him.>
The principle that everyone is familiar with is that whoever commits a behavior that violates the existing law and regulations is unavoidable from punishment. Are there cases of exemption from the punishment for the perpetrator?
Yes, there are exceptional cases in which the legislator sees that exempting the perpetrator from the criminal penalty brings a great benefit to society, greater than that achieved by imposing a sentence on him.
One of the things that must be highlighted is that the legislator narrowed these exceptions and mentioned them in specific and very special cases, that is, the judge has no authority to exempt any person from punishment, except in what is stated in the text.
The cases mentioned in the Federal Penal Code are as follows:
1- If the perpetrator informed the competent authorities of crimes related to the security of the state internally or externally, before starting its implementation and before investigating it.
2- If the offender informs the competent authorities of the location of the kidnapped person, and of the persons involved with him in the crime, and this results in the rescue of the kidnapped.
3- If the briber or mediator informs the competent authorities of the crime of bribery, or admits it before the case reaches the court.
If we reflect a little on the above, we will see that there is a wisdom that the legislator has guided from behind this exemption, which is the great benefit that society will have, by offering temptations to the criminal to refrain from his crime, in order to avoid the damages that will be caused to society if he continues to implement it.>
In fact, whoever contemplates this matter will find that the benefit does not only accrue to society, but also the offender - and also achieves a greater benefit to his benefit, as he pulls himself out of the circle of punishment once he reports the crime, and assists the competent authorities in finding the rest of the perpetrators. .
So this is an opportunity for every person who started committing one of these crimes before completing or reaching the investigation, as it is given the choice between two things to either escape punishment, and protect their community from damages before it is too late, by informing the competent authorities of the crime before it occurs, or He continues to carry out his crime, and then - in the hands of the competent authorities - to receive his fair punishment!
In spite of the apparent efforts made by the media in discussing the phenomenon of high dowries by all available means, and in spite of the awareness campaigns and guidance programs set up by the concerned authorities, the question remains, has the community responded to this call? And comply with these directions?.
We do not deny that a number of those concerned with this matter interacted and were alert to this dangerous phenomenon, but what about the large number of people in society who did not pay any attention to the problem !, and believes that the issue is merely an increase in the concern for the girls of society, so it was necessary to interfere The law in the country puts an end to it.
It is necessary for everyone to know that the Sharia did not set a specific ceiling for the dowry, but for the guardian to enact legislation that preserves rights in the interest and wisdom that he seeks to achieve from behind it.
In this regard, the first federal law No. (12) for the year 1973 was issued, which stipulated that: The down payment must not exceed 4 thousand, and the last one should not exceed 6 thousand, meaning that the dowry in a group does not exceed 10 thousand dirhams. Then Federal Law No. (21) of 1997 was issued to cancel the first law, and to match the current situation that we are witnessing today, so the first article of it stipulated that the down payment should not exceed 20 thousand, and the backside should not exceed 30 thousand, that is, the dowry in total does not exceed 50 thousand dirhams.
Not only did the law address the phenomenon of high dowries, but also entered to put an end to the costs of marriage in which many adults exaggerated, so Article (3) of the law itself stipulated that: “1- The days of celebration of marriage may not exceed one day only. 2- No more than nine heads of camels may be slaughtered at weddings. ”
And perhaps the thing that most people overlook is the penalty that the law imposes on those who disagree with it in this regard, which is represented in the following:
1- Deprivation of any legal claim in excess of the amount specified for the dowry, for example if the bride’s father requested an amount of 100 thousand dirhams as a delay and the divorce occurred, he is not entitled to claim more than 30 thousand dirhams only.
2- Deprivation of the marriage grant offered by the marriage fund, as the state supports its citizens by granting them an amount of (70,000 dirhams), and anyone who exceeds the upper limit of the dowry is denied this.
As for whoever exaggerates the marriage ceremonies, extends them for more than a day, or slays more than nine camels, the law imposes on him (a fine of 500 thousand dirhams).
In addition to the above, our beloved Messenger - may God bless him and grant him peace - was the first to recommend not to exaggerate the dowry by saying: “The greatest of women is a blessing, the easiest of them is supplying” - that is, dowry - and - also - keen on this matter the founding leader Zayed bin Sultan Al Nahyan may God rest his soul, and our honorable elders, and the law came in support of that, perhaps he stops the exacerbation of this phenomenon, and reduces it, after it spread to our Arab societies, so will we respond to this call?
How far is your legal culture? What do you know about your rights? Can you claim it and get it? Or do you live in legal ignorance, which makes you vulnerable to exploitation? Span>
Know that the law sits on the throne of every topic and know - also - that if you search in any field you will find it strongly present, organizing your life with the majority of its details, so how do you ignore a science that you deal with daily and find in every matter? < / span>
This ignorance can lead you to many mistakes, expose you to the responsibilities you need from them, and what we see today from incidents and stories are greater evidence of the consequences of ignorance that befell many, so that many of us today fall Victim of fraud and deception, and his rights are lost without anything from them, while others are subject to legal accountability, and here he is today among the corridors of the judiciary, why? For his ignorance of the law, which some think is an excuse that may exempt them from punishment, then they would be surprised that “there is no excuse for ignorance of the law”, and this principle suffices for each of us to be aware of the seriousness of this ignorance, which may make one of them behind bars one day! Span>
So we now agree that we need a "legal culture" that promotes confidence in ourselves, and creates a society that is more aware and keen on its rights from abuse and exploitation, and not only that, but we need something greater And most importantly, it is "respect for the law." Span>
How do you form your legal culture? span>
1- Read and read the legal texts, you will find them in libraries and on the Internet, the most prominent of which is the Public Prosecution website, which provides many electronic services to spread this culture. span>
2- Before undertaking any work, no matter how simple, ask yourself: Is what I will do against the law? If you do not find an answer, ask professionals and experienced people. }
3- If you are in the process of concluding a contract, or conducting an action, and you do not have sufficient legal background for that, or if you encounter something you want to inquire about, beware to ask a non-specialist, so direct your question to the specialists.
Who is the professional person you are consulting, and how is that?
- Lawyers and legal advisors, as you will find legal counseling service in courts and law offices.
- Law professors at universities. If you are a student or employee at the university, go to the College of Law and submit your inquiries to them. span>
The Legal Department, most companies and institutions have a legal department in which there are legal experts who can help you. span>
evokes from the foregoing, that knowledge of the law is not limited to the owners of the competence of judges and lawyers, but it is a necessity that requires that everyone who lives within a society governed by the law know about it, defend you from this ignorance, and start forming Your legal culture, so that you have a fortress that protects you from the consequences of ignorance of it. Span>