Mahmoud Fayyad

Prof. Dr. Mahmoud Fayyad

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Research Focus & Metrics

Academic Career Length

15Years (2012-Present)

(Calculated once Scilit publication data is synced: current year − year of first publication + 1)

Representative Publications

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18 August 2023 in Heliyon
Verified
Journal Article
Open access
MFMahmoud Fayyad
Mahmoud Fayyad
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 Ijārah Muntahiyah bi-t-tamlīk 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 Ijārah Muntahiyah bi-t-tamlīk 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.

7 August 2024 in Heliyon
Verified
Journal Article
Open access
MFMahmoud Fayyad
Mahmoud Fayyad
AAAbdel Raouf Al-Sinnawi
Abdel Raouf Al-Sinnawi
This research paper evaluates the success of the Financial Inclusion Strategy announced by the Palestinian Monetary Authority (PMA) (2018–2025) in achieving financial inclusion for the visually impaired in Palestine as a poor and marginalized group within the strategy's purview. Although the promotion of financial inclusion is widely acknowledged as a crucial means to achieve economic development objectives, there remains a gap in national research concerning the willingness of banks in Palestine to develop their services to cover individuals with visual disabilities. This research aims to explain the reasons behind the financial exclusion of this group and highlight the areas where support is needed to overcome these reasons. A free discussion was conducted with representatives of all banks operating in Palestine to conclude their satisfaction regarding the financial inclusion of visually impaired individuals and to gain insight into their perspectives on the challenges they face for this inclusion. The collected data were systematically tabulated. Similar responses were consolidated under each question, and discrepancies between the symbols were emphasized. The commonalities and variances in respondents' answers were scrutinized, categorized, and juxtaposed with findings from analogous research conducted in other jurisdictions. The research revealed that insufficient financial knowledge, a lack of adaptive technologies, communication barriers, and elevated rates of poverty and unemployment account for the hesitancy of commercial banks to extend financial services to individuals with disabilities. The research concluded that commercial banks are not interested in attracting this group, so the Monetary Authority is recommended to legislate a checklist of specific obligations that consider these challenges for banks operating in Palestine to ensure financial inclusion for this group.

1 January 2012 in Arab Law Quarterly
Verified
Journal Article
Closed access
PDF file
MFMahmoud Fayyad
Mahmoud Fayyad
: Only a few years after their enactment in several Arab states, consumer protection regulations were already demonstrating their inability to attain their objectives, with regard to the use of misleading commercial advertising in market transactions. Because the regulations are not equivalent to specific rules and prohibitions to address the use of misleading advertisements, many local parties have demanded that the regulations be amended. Although Islamic law also prohibits the use of misleading advertising, its guidelines do not provide specific prohibitions with which to control deceptive practices. In 2005, European legislators regulated Directive 2005/29/EC in an attempt to combat the use of unfair commercial practices, including the use of misleading advertising in market transactions. This Directive provides clear and specific measures enabling control to be carried out. This article will address how Arab lawmakers can benefit from this European experience.

28 April 2025 in Pharmacy Practice
Verified
Journal Article
Open access
PDF file
MFMahmoud Fayyad
Mahmoud Fayyad
MSMaha M Sabar-Ayad
Maha M Sabar-Ayad
AAAbduelmula R Abduelkarem
Abduelmula R Abduelkarem
People with visual impairment are highly prone to medication errors. Effective policies should support self-determination to provide appropriate means for this party to access medical information. Following the recommendations of the UN Committee on the Rights of Persons with Disabilities, The UAE adopted a new policy to support the visually impaired.This study determined the challenges visually impaired individuals face, the likelihood of medication administration errors, and the methods used to cope with those challenges. It also required the relevant parties to provide visually impaired persons with medicinal information consistent with international and national law demands. A survey wasadministered to 94 visually impaired individuals using an interviewer-guided questionnaire. Also, a random sample of 75 frequently used medications was selected to check if Braille labels and the QR codes were available in the medications' boxes. The research demonstrated that Most visually impaired individuals do not receive adequate assistance with medication usage and have little knowledge of managing medications. As a result, there is an expected increase in medication errors or mismanagement in those individuals, despite the current advances in policy development in the UAE regarding visually impaired support. Therefore, developing effective strategies and policies is vital to assist this population when using medications.

3 April 2019 in Arab Law Quarterly
Verified
Journal Article
Closed access
PDF file
MFMahmoud Fayyad
Mahmoud Fayyad
The UAE launched its National Vision 2021 in 2010, which ‘sets the key themes for the socio-economic development of the UAE’ and calls for ‘a shift to a diversified and knowledge-based economy’. It focuses on the UAE becoming the economic and commercial capital for more than two billion people by transitioning to a knowledge-based economy. The success of the vision requires the State to join the United National Convention of Trade in Goods, which is the most important convention in this field. Until now, the national lawmaker has refrained from joining the Convention, believing that the Convention prevails to the interests of the seller party. As fundamental breach is a momentous concept of the terms of the Convention, this article will attempt to draw similarities and distinctions between national law and the United Nations Convention for the International Sales of Goods (CISG) in terms of the principle of fundamental breach.

4 November 2021 in Heliyon
Verified
Journal Article
Open access
MFMahmoud Fayyad
Mahmoud Fayyad
AAAbdel Raouf Al-Sinnawi
Abdel Raouf Al-Sinnawi
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. 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. 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. 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. 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.