Reconstructing lease-to-own contracts: A contemporary approach to Islamic banking standards.

The Palestinian Monetary Authority issued decision No. 15 of 2019 demanding Islamic banks to act according to Islamic standards set by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). Among the essential financial services, Islamic banks offer Ijarah Muntahiyah bi-t-tamlik contracts (lease-to-own), which share a similar purpose with financial leasing contracts. This decision places Islamic banks in a challenging predicament, caught between the modern doctrinal orientations of AAOIFI standards and the traditional orientations provided in Al-Majjahllah Code. The formation of Ijarah Muntahiyah bi-t-tamlik contracts relies on a promise of sale issued by the bank to the tenant, contingent on the complete payment of agreed-upon installments. The first challenge arises because the general rules do not recognize the unilateral promise as a source of legal obligations, thus rendering it without legal value. The second issue stems from several contract clauses that contravene AAOIFI standards by burdening the tenant with most of the bank's obligations. Despite the importance of resolving these contradictions, no comprehensive review has been undertaken to date. This research introduces specific recommendations to ensure the consistency of these transactions with Islamic standards and relevant legislative provisions as provided in national law. By bridging this gap, the study seeks to enhance the effectiveness and compliance of lease-to-own contracts in Palestinian Islamic banks, fostering a more robust and Sharia-compliant financial system.

COVID-19 impact on labour relations in Palestine, the need for legal reform.

OBJECTIVE: This research aims to examine how lawful the measures taken by employers against workers are in the context of the COVID-19 pandemic, and to assess performance of the Ministry of Labour (MoL) and various trade unions in representing workers' interests. METHODOLOGY: After an intensive literature review on the subject, 12 cases - representing different areas and economic sectors in the West Bank - were investigated. Then, free discussions were conducted with a focus group of 24 stakeholders (employers, employees, MoL representatives, trade union representatives, businessmen association representatives, lawyers, judges, and academics) to explore decisions made against employees, examine how lawful these decisions are, and present the evaluation of these groups to the MoL and trade unions. The discussions were followed by a quantitative questionnaire for 297 employees who were affected by unfair decisions and 87 employers representing different areas and sectors in the West Bank. A brainstorming session, involving two judges, two lawyers and four legal academics, was held to discuss research outcomes and benefit from their feedback and recommendations. RESEARCH PROBLEM: To demonstrate how lawful the measures taken by employers against workers are in the context of the COVID-19 pandemic, and to assess performance of the MoL and various trade unions in representing workers' interests. FINDINGS: The research paper reveals the illegality of the measures taken against employees in the context of responding to the economic effects of the pandemic. It reflects clear and significant dissatisfaction with the decisions made by trade unions and the MoL. The paper also recommends that some amendments need to be introduced to the Palestinian Labour Law. ORIGINALITY/VALUE: This research paper pursues the illegality of decisions made by employers against workers in the context of addressing the economic losses caused by the pandemic. It concludes that ambiguous provisions of the Palestinian Labour Law were a main factor that allowed employers to abuse these decisions. The tripartite agreement organised by the MoL was against workers interest and gave rise to many legal and economic challenges. The need to review the structure and functioning of trade unions in the West Bank is highlighted in this research paper.

Consumer medication information: legislative gap and challenges of practice

Objectives: To assess and evaluate OTC package inserts in terms of availability of key medical information and patient understanding of such information, as well as package insert user satisfaction and perceptions. Methods: This study used two quantitative methods: Evaluation of the Over-the-Counter Package Inserts and assessing package inserts user’s satisfaction and perspectives using a cross-sectional survey. Descriptive analysis was used to calculate the response proportion of each group of respondents. Results: A total of 60 package inserts of Over-the-Counter drugs were evaluated. Less than onethird (30%) of the medication under investigation was found to have information about the unit of measurement of the active ingredient. Less than half (44.5%) of respondents reported they usually use the package inserts for information about their medication, and 42.2% rarely use or read package inserts. Difficulty reading or finding information in the package inserts was reported by 37.3 % of respondents. Conclusion: This research identified several factors associated with the proper use of package inserts among the general population in the United Arab Emirates and potential opportunities. Also, due to the lack of binding legislative texts, consumers are dissatisfied with the packaging inserts regarding their appearance and content. A mandatory guideline should be enacted by the competent authorities to ensure the comprehensiveness and readability of pharmacological information. (AU)