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The Journal of Sharia Fundamentals for Specialized Researches

About the Journal :

The Journal of Sharia Fundamentals for Specialized Researches (JSFSR), a peer-reviewed scientific journal indexed by the International Standard Serial Number for Academic Scientific Journals (e-ISSN: 2289-9073), issued every three months.
The journal specializes in research, articles, and scientific papers of originality and innovation Committed to the scientific methodology, and the ethics of scientific research.
It aims to be a platform for researchers and a meeting point for researchers to present the different values and topics of legal sciences and systematic studies, and link them to the principles of Sharia, and to update, enhance and support the scientific development of contemporary systematic topics related to the principles of Sharia that serve society and ensure the strength and respect of Islamic identity in various scientific fields. Socio-economic



UAE CHECKS LAW ISSUED BY FEDERAL DECREE-LAW NO. 14 OF 2020 AMENDING SOME PROVISIONS OF THE COMMERCIAL TRANSACTIONS LAW PROMULGATED BY FEDERAL LAW NO. 18 OF 1993 ANALYTICAL CRITICAL STUDY

أنوار نمشان الجنفاوي


Abstract
Is expected to come The United Arab Emirates’ legislator step to Federal Decree Law No (14) of 2020 Amending Certain Provisions of the Federal Law No (18) of 1993 concerning the Commercial Transaction Law that decriminalizes bounced check cases. This will go into force on, 02 January 2022 in line with the government’s key plans and strategic initiatives to build and support a sustainable national economy based on best international practices. For this reason, this study included analysis and evaluation the new Federal Decree Law No (14) of 2020. The study started by demonstrating the problem of bounced check cases; It was pointed to that the amendments that remove penal protection of checks are part of a series of efforts undertaken by the UAE to accelerate economic recovery, particularly in the private sector. However, criminalization of bounced checks due to insufficient funds in cases of fraud, forgery and bad faith will stay. Also, partial payment of checks will become mandatory. This apart, the bank must pay the drawer the partial amount if the amount in the account is less than the value mentioned in the check unless the drawer rejects it The amendments deliver the desired goals of replacing decriminalization with preventive measures, coupled with deterrent alternative penalties to reduce the misuse of checks. Amendments will expedite the collection of check value in a more effective manner, Further, these will facilitate litigation procedures; avoid the accumulation of check cases in civil and criminal courts. As for the penalties, look like in Withdrawing check book from the transgressor, denying him/her the right to receive a new check book for up to 5 years, Suspending professional or commercial activity of the violator. It was followed the conclusion of study which included the important results and recommendations.
KeyWords: bounced checks, decriminalizes.