Journal of Law

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Volume : 46 Issue : 177 2020

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Author :Dr. Mohammed A. Gharawi
Discipline :Public Administration

Factors Influencing the Distance Training Committee of the Cooperation Council for the Arab Gulf States.

The Goal of the Study: The study aimed to identify the factors affecting the remote Training Committee of the General Secretariat of the Cooperation Council, and to identify the Remote Training Committee and its most prominent achievements besides discovering factors that affect this Committee.
Study Methodology: The study used qualitative research methods, case studying particular, in order to identify the factors that affect the Remote Training Committee in the Gulf Cooperation Council countries.
Sample and Study Data: The study used a variety of data collected through ten in-depth and semi-restricted interviews with ten active members of the Committee in addition to Committee minutes of meetings and meetings of general managers of management and administrative development institutes along with studies, reports, strategies and executive plans developed by the Committee.
Study Results: The study showed a number of factors that enabled the Committee work and contributed in achieving its goals, in addition to a number of factors that had a negative impact on the Committee performance.
Study Conclusion: The study was concluded with a number of recommendations aimed at strengthening the role of the Committee and creating an appropriate environment to ensure continuality of its work.

Keywords: Knowledge Committees, Distance Training Committee, Knowledge Exchange, Gulf Cooperation Council.

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Author :Dr. Khaled A. Al-Dhafiri
Discipline :Law

The Precondition of Legal Action in the Mortgage Property of the Credit and Savings Bank between Legitimate and Illegitimate - A Study in the Light of Kuwaiti Court of Cassation Rulings.

The issue of the permissibility or non-sale of mortgaged property subject to the official responsibility of the Credit and Savings Bank was a matter of dispute before the Chambers of Cassation Court. Some of the Chambers turned to the inadmissibility of selling based on the precondition of disposition, while others decided that it was permissible to establish the right of the owner to dispose of the mortgaged property, and recently ended the General Authority for Civil and Commercial Materials and personal and administrative conditions to be permissible, so the plan of this research was divided into the introduction and first chapter was titled of the legality of the condition precluding the disposal of mortgaged property while the second chapter was entitled Illegal precondition of the disposal of the mortgaged property.
Study Methodology: The research methodology was based on the statement and analysis of the Kuwaiti Court of Cassation rulings regarding the validity or invalidity of disposing of mortgaged property of the Savings and Credit Bank.
Study Conclusion: Achieving a very legislative provision of housing care, the Kuwaiti judiciary has previously shown a hard line and went to the judgment on the validity of the preventive condition. Modern judicial approach gave the borrower a hand in disposing of the mortgaged property without the need for the approval of the Savings and Credit Bank to act.

Keywords: The Condition Prohibiting the Disposal, the Permissibility of Disposal, a Housing Sponsorship Loan, the Savings and Credit Bank, Mortgaged Property, Mortgage.

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Author :Dr. Salem S. Alhajeri
Discipline :Education

The Degree of Educational Supervisors' Practice of Clinical Supervision as Perceived by Teachers in the State of Kuwait.

The Goal of the Study: The present study aimed to determine the degree of educational supervisors practicing clinical supervision pattern and to identify if there are differences in the sample study in their assessment to this practice according to (gender, specialization, and years of service).
Study Methodology: To achieve the objectives of the study, descriptive surveying methodology was applied.
Data and Study Sample: To achieve the objectives of the study, the researcher used a questionnaire that comprised (35 items) divided into four dimensions (Planning for Teaching, Classroom Observation, Lesson Analysis, Evaluation and Feedback). The study sample consisted of (868) teachers who were selected by random cluster sampling.
Study Findings: The findings showed that educational supervisors practice the clinical supervision pattern to a high degree. In addition, the results showed statistically significant differences between the average responses of the sample according to the gender variable in favor of males, as well as differences according to the variable of specialization in favor of literary and scientific majors, in addition to differences according to the variable of years of service in favor of more than 10 years.
Study Recommendations: The study recommended distributing handbooks that explain the concept of clinical supervision, its characteristics and advantages to educational supervisors. The study also recommended developing standardized tools of classroom observation to enhance teachers' performance.

Keywords: Clinical Supervision, Educational Supervisor, Teacher.

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Author :Dr. Laila A. Feda - Dr. Wafa H. Shafee
Discipline :Fashion and Design

Analytical Study on the Causes of Fundamental Contradictions in Traditional Saudi Fashion Using TRIZ Theory RCA+.

The Goal of the Study: Finding solutions that help spreading the heritage of traditional fashion, also using TRIZ scientific methodology analytical tools, as a direct way to solve the main problems, causing the exhaustion of traditional fashion cultural heritage.
Study Methodology: the "analytical" method was used in conducting this research.
Study Data and Sample: A closed electronic questionnaire was approved by faculty members, then distributed to a sample of 142 individuals, ranging from 20: 60 years old/ from the employees of Collage of Art Design at Princess Nora Bint Abdul Rahman University.
Study Results: The most positive factors that help in spreading Saudi traditional fashion heritage were identified, beside the most important negative factors that do otherwise. After data was analyzed, TRIZ (RCA) and (RCA1) were used to determine the causations of Saudi cultural heritage exhaustion in current era. Research primary results indicate that the most persistent problem to be solved is traditional clothes ‘heavy weight, followed by lack of diversity in clothing pieces, then high prices.
Study Conclusion: In order to promote Saudi fashion cultural heritage, features and characteristics, locally and globally, it is important that fashion designers should focus on solving these problems that cause exhaustion of traditional clothes upon making contemporary fashion designs.

Keywords: Saudi traditional costumes, Cultural Heritage, Triz Theory, Root Causing Analysis (RCA), Root Conflict Analysis (RCA~),

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Author :Nawaf F. Abu-Khashaba - Prof. Kamel M. Rouibah
Discipline :Political Science

The Scale of Crime in Kuwaiti Society: An Analytical Study During the Period 1992-2018.

The Goal of The Study: This study sought to analyze and compare crimes between expatriates and Kuwaitis in term of their frequencies, percentages, types of crimes and the identity of the perpetrators, as well as the extent of the effect of increasing the percentage of expatriates on increasing crime rates.
Study Methodology: This study used an exploratory and statistical methodology.
Study Data and Sample: The study analyzed actual crimes numbers in Kuwait between years of 1992 till 2018.
Study Findings: This study succeeded to show, for the first time, that all crimes indicators are declining despite the increase in expatriates. These include crime rates, crime rates of misdemeanors, crime rates of felonies, and crime rates of unknown crimes. Also results show that the crimes of Kuwaitis are higher than the crimes of expatriates. And highest crime rates per 100000 inhabitants in the Arab expatriates were registered with the Iraqi community, followed by illegal migrants
Bedoun, then the Syrian and Egyptian. Indian and Filipino, and despite their huge numbers, are the least crime rates perpetrators. Crime rates of Kuwaitis men and women are higher than those of expatriates, and crime rates of Arab expatriates are higher than those of non-Arab expatriates.
Study Conclusions: This study has several managerial and research implications on how to deal with the crime in Kuwait and review the policy of bringing expatriates.

Keywords: Crimes, rate of crimes, types of crimes.

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Author :Dr. Muaath S. Al-Mulla
Discipline :Law

Corruption Combat and its Relation to the Sustainable Development (A Descriptive Study in Perspective of Law No. 2 of 2016 Regarding Establishing Anti-Corruption Authority and Concerning Financial Statues Disclosure Provisions).

Study Objectives: This study aims to establish the relation between fighting against corruption and sustainable development and to highlight governmental and legislative efforts to address this phenomenon and its negative consequences on Kuwaiti society and to ensure the implementation of 2030 global development plans.
Study Methodology: the descriptive approach was used to tackle corruption issue in the Kuwaiti Society, criminalization feasibility and punishment policy in provisions in Law No. 2 of 2016 concerned with establishing Anti-Corruption Authority, its Financial Status Disclosure Provisions and executive regulation.
Study Data: The study relied on results presented by the Kuwaiti Transparency Society in the Corruption Perceptions' Index for 2017, which showed Kuwait's decline on the international, Arabic and Gulf level.
Study Findings: The more corruption there is, the more difficult it will be to achieve development goals. The study also revealed deficiency of legislative confrontation and a need for societal culture and awareness, especially for employees about risks this phenomenon poses on society pillars.
Study Conclusion: The study was concluded with some recommendations that were deemed necessary to ensure an effective legislative corruption confrontation that guarantees, at the same time, achieving the sustainable development plans.

Keywords: Anti-corruption, Sustainable Development, Crimes, Preventive Measures, Corruption Combat.


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Author :Prof. Turki A. Al-Mughid
Discipline :Arabic language and its literature

Multiplicity of Narrative Voices and Textual Connection in Layla Al- Othmans Novel ``The Trial''.

The Goal of the Study: The study addresses the subject of multiplicity of narrative voices and textual connections in ``The Trial'' novel. Furthermore, the study aims to analyze the textual connections, narrative voices and various textual interpolations types such as the internal and external parallel - texts, religious quotes literary, intellectual textuality, poetry and songs, dreams and nightmares, name of notable personalities and books.
Study Methodology: The study uses semiotics and intersexuality as its main approaches through analyzing overlapping texts and shows their semiotic indicatives.
Sample of the study: ``The trial'' by Layla Al- Othman, which is considered as an autobiographical novel.
Study Results: The study shows the struggle of the novelist and demonstrates the multiplicity of narrative voices throughout the novel. The study also clarifies the semiotics indications of the textual connections with analyzing and interpreting.
Study Conclusion: The study concludes that the textual interpolations created many voices from the narrator's voice that adopted her views and defended her. In addition, the interpolations types performed an organic function in the novel's narrative framework. Also, the textual connections mixed with the psychological status of the novelist.

Keywords: Parallel Textuality, Intertextuality, Textual Connections, Narrative Voices Multiplicity, Acculturation.

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Author :Dr. Husain M. Alrashidi
Discipline :Law

The Essential and Unusual Clauses in the Leases, an Analytical Study According to the Legislative Decree 35 of 1978 and Kuwaiti Jurisdiction.

The goal of the Study: To investigate the concept of the essential and unusual clauses in the leases in term of its adaptation and  its impact on the qualification of the lease and its effects, and the reason behind which contractors list such clauses in their lease?
Study Method: An analytical method was used to analyze the Legislative Decree 35 of 1978 and Kuwaiti jurisdiction.
Study Results: The study found that the idea of the essential and unusual clauses is not regulated (off-track) and law applies it in inflexible fashion and that not every lease involves essential and unusual clause should be regarded as investment contract. The study noticed that jurisdiction insists on qualifying certain clauses as unusual, although they are prevalent in lease's forms that are common among people.

Keywords: Lease Contract, Investment Contract, the Essential and Unusual Clauses.

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Author :Dr. Hillo A. Mohammed - Dr. Yasin A. Elhadary
Discipline :Geography

Land Transport and Urban Expansion: Present Requirements and Future Challenges A Case Study on Al-Ahsa Province-Eastern Region-Saudi Arabia.

The Goal of the Study: The overall objective of this study is to trace the rapid land transport development and its impact on the spatial expansion and morphology of built-up area in Al-Ahsa Province-Eastern Region-Saudi Arabia.
Study Methodology: To achieve its objective, the study reviewed numerous of theoretical and mental insights on the relation between transport and urban expansion. Moreover, the study reviewed many concerned studies while adopting the inductive approach and some methods of quantitative analysis as well as dividing the study into few parts.
Study Data and Sample: The paper used qualitative and quantitative data based mainly on secondary recourses, whether published or unpublished. It also was supported by interviews with the official concerned institutions beside the observation factor.
Study Results: The study comes out with that, land transport patterns and urban expansion in the province are strongly related in context of built-up area increase and morphology change. Moreover, the paper confirmed that, the absence of public transport versus private transport (private cars) has impacted negatively the traffic systems.
Study Conclusion: The study concluded that land transport and urban expansion should be viewed from a comprehensive and sustainable development approach that contributes to achieve balanced development and decreases its negative consequences. The study also affirms the necessity of public and private transport in order to achieve the sustainable development.

Keywords: Land Transport, Transportation, Transport Networks, Urban Expansion and Spatial Organization.

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Author :D. Anwar A. M. Al-Jazaf
Discipline :Economic Media

The Role of Twitter Fake Accounts in the Process of Forming Public Opinion in Kuwaiti Society Field Study.

Aim of the Paper: The study aimed to identify the role of Twitter fake accounts in the process of forming public opinion in Kuwaiti society, issues of interest to Kuwaiti society members in Twitter, the extent of Kuwaiti citizens' confidence in the information provided by the fake accounts in Twitter application, and the advantages and disadvantages of the fake accounts, and the significance of differences in the role of fake accounts in the formation of public opinion in Kuwaiti society attributed to the demographic variables.
Study Design: The study used the survey methodology.
Sample and Data: relied, in data collection, on the questionnaire and the sample of the study consisted of (300) individuals from the Kuwaiti public, Distributed to (243) for workers in the government sector and (57) for workers in the private sector.
Results: The results showed that the role of the fake accounts in the formation of Kuwaiti public opinion in Twitter application came to a medium degree, and that the biggest role of the fake accounts that it promotes the demands of rights and duties and equality among society members, and then the audacity of criticism and ability to address internal issues, The results showed that the approval rate of the study sample on government support for fake accounts to market the political agenda was (38.6%).
Conclusion: The study showed that the role of the spokesperson for the State of Kuwait must be activated to confront rumors related to national security, and developing the role of the real media in adopting the trends of public opinion, then supporting the populist claims due.

Keywords: Fake Accounts, Public Opinion.

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Author :Dr. Khaled O. Alotaibi - Dr. Ibraheem A. Mubarak - Dr. Salah S. Alhammadi
Discipline :Economic

Perceptions of Concerned Parties about Corporate Governance and Business Ethics in Kuwaiti Banks.

Study Purpose: This study aims to explore both corporate governance (GC) and business ethics (BE) practices in Kuwaiti Islamic and conventional banks and the relationship between CG and BE, using an accountability framework.
Study Methodology: Using a questionnaire survey method, this study examines the perceptions of key stakeholder groups who are connected to Kuwaiti banks like bank employees (clerks), clients, and regulators regarding BE and CG then it probes the difference between applying the two in conventional and Islamic banks.
Study Data Sample: A random sample of relevant parties was applied on 272 participants varied in experience, scientific efficiency, and age.
Study Findings: The study revealed that the main concern is not the absence of CG, but rather the lack of its consistent enforcement. Participants underlined the need of strict implementation of Kuwaiti banks governance and adopting conclusive measures to protect all concerned parties' wealth, not only that of stockholders. What also drew attention was banks' client's high expectations concerning implementing CG standards and BE practices.
Research Implications: This study provides some important implications for managers, policymakers, and foreign investors. Managers can use it to develop optimal CG and BE strategies based on their clients' expectations. Regulators can develop governance mechanisms in Islamic Banks (IBs) based on both clients' and employees' stances which affirmed the importance to embed CG and BE practices. Moreover, establishing CG and BE practices will also attract foreign investment which in turn promotes economic welfare.

Keywords: Corporate Governance (GC), Business Ethics (BE), Islamic Banks, (IBs) Conventional Banks (CBs), Accountability.

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Author :Dr. Ibrahim M. AL-Hamoud
Discipline :Law

Thoughts on the Value Added Tax (VAT) According to the Unified Convention of VAT for GCC Countries.

The Goal of The Study: The study aims to legally define the VAT. Selecting this subject is attributed to the lack of specialized studies on this tax and to Kuwait willingness to enforce Common VAT Agreement of the States of the Gulf Cooperation Council soon.
Study Methodology: The study followed the integral analytical method in order to indicate the legal nature of the VAT, where it fits among other types of taxes, and how it is estimated in addition to weighing its advantages to disadvantages, ending with assimilating the constitutional legal control on imposing, amending or cancellation it considering that it belongs to the General Taxation field.
Complexity of the Study: The main complexity of the study is to define the legal nature of VAT, is it in-kind or personal Tax, is it Public or not, and if the creation of such tax, its amendment or cancellation requires enactment of law or it can be applied by relying on, or within the law through By-laws and resolutions.
Significance of the Study Subject: The significance of the study stems from the notion that the VAT became a real fact in the state of Kuwait.
Study Results and Recommendations:
-The necessity to create taxa awareness in the society.
- Organizing training programs for companies and Firms which shall be subject to the Value-added Tax.
- The need to train and qualify Kuwaiti Tax department staff to be familiar with the VAT due to the absence of previous experiences in Kuwait.
- A State Council should be established to be concerned with the settlement of taxation disputes, because the tax law is of a cancellation nature on one hand and of an integral one on the other.
- The need of International Experts assistance in building a developed Tax organ.
- Applying the agreement requires appointing large number of taxation staff and professionals in the business market.
Study Conclusion: The VAT as legislation is very soon to be applied in Kuwait as Kuwait actually signed the GCC Unified Tax Convention on 27/1/2016.

Keywords: Gulf Cooperation Council States, VAT Value-Added TAX, Personal TAX, Indirect TAX, TAX Rate, TAX Exemptions, In-Kind TAX.

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Aug 09, 2020

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