Mr. Ahmad A. Hasan Aal Ali
Phd Researcher – College of Law, University of Sharjah – UAE
Prof. Saleh A. Al Luhaibi
Professor of Civil Law – College of Law – University of Sharjah – UAE

Abstract:

Corona Virus (Covid -19) outbreak puts the world under great challenges and it should. The virus strikes all joints of life and endangers human existence. Many lost their lives and many are under treatment till the date of writing this research. Not only human existence is currently under threat, the virus’ impact appears in different sectors. Pharmaceutical companies are in rush to discover treatment, airports are closed, football matches and leagues are cancelled, restaurants are closed and even mosques and places of worship are closed.
As lawyers, we have to express our opinion on this matter. This research sheds light on the main legal effects of the virus. The research handles the virus’ effect on human freedom and the right to claim compensation if the quarantine reasons appear to be false, its effect on personal matters and whether it could be taken as a ground for divorce or not. The starting point springs from the Islamic jurists who set difference between transmissible and treatable diseases.
The research also deals with its effect on the debtor obligation. It definitely has an effect, but under these exceptions, it shall not have an effect on the obligations of the property tenant. This imposes the duty to find legal ground to support the tenant during such hard circumstances. We suggested accepting the natural – ethical – obligation as a legal deed that amounts to civil obligation to be decided by a bold judge form the cassation court or federal Supreme Court. We also discuss the virus effect on procedural aspect and how the UAE addressed this issue through a ministerial decision. The research finally sets conclusion and recommendations.

Corona Virus (Covid -19) outbreak puts the world under great challenges and it should. The virus strikes all joints of life and endangers human existence. Many lost their lives and many are under treatment till the date of writing this research. Not only human existence is currently under threat, the virus’ impact appears in different sectors. Pharmaceutical companies are in rush to discover treatment, airports are closed, football matches and leagues are cancelled, restaurants are closed and even mosques and places of worship are closed.
As lawyers, we have to express our opinion on this matter. This research sheds light on the main legal effects of the virus. The research handles the virus’ effect on human freedom and the right to claim compensation if the quarantine reasons appear to be false, its effect on personal matters and whether it could be taken as a ground for divorce or not. The starting point springs from the Islamic jurists who set difference between transmissible and treatable diseases.
The research also deals with its effect on the debtor obligation. It definitely has an effect, but under these exceptions, it shall not have an effect on the obligations of the property tenant. This imposes the duty to find legal ground to support the tenant during such hard circumstances. We suggested accepting the natural – ethical – obligation as a legal deed that amounts to civil obligation to be decided by a bold judge form the cassation court or federal Supreme Court. We also discuss the virus effect on procedural aspect and how the UAE addressed this issue through a ministerial decision. The research finally sets conclusion and recommendations.

Keywords: coronavirus (Covid-19), pandemic, quarantine, force Majeure, emergency circumstances, separation for the sake of infectious disease. coronavirus (Covid-19), pandemic, quarantine, force Majeure, emergency circumstances, separation for the sake of infectious disease.

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