Law Commons^™

مبدأ الضرورة العسكرية، وانتهاكات قواعد القانون الدولي الإنساني دراسة تطبيقية على مخالفة "إسرائيل" لمبدأ الضرورة العسكرية خلال حرب (مايو2021م)., إياد محمد أبو مصطفى ماجستير

Journal of Al-Azhar University – Gaza (Humanities)

الملخص :

إنَّ التسليم بالاستناد إلى حالة الضرورة أثناء النزاعات المسلحة، كاستناد يُخرج سلوك المقاتل عن التصرفات المسموح بها أصبح أمرًا معترفًا به، غير أنَّ تجريد هذه الحالة من الشروط اللازمة لأعمالها، والضوابط الواجبة لتقييدها خاصة قيدي: "التناسب، والتمييز" أمر لا يمكن السماح به مهما كانت الظروف والمتغيرات الحاصلة في تطوير العلاقات بين الدول، ويُعدُّ هذا المبدأ متغيرًا بطبيعته غير القابلة للضبط أو التحديد بشكل واضح، الأمر الذي جعل هذا المبدأ ذريعة لدى الدول لانتهاك قواعد القانون الدولي الإنساني؛ ومن أهمها: دولة الاحتلال التي قامت بانتهاكه ومخالفة شروطه، وعدم مراعاة قيوده خلال حرب (مايو 2021م) على قطاع غزة.

وخَلُص البحث …

The Role Of The Palestinian Community Reconciliation Committee As A Model For Transitional Justice In Achieving National Reconciliation, Issam Husni Alatrash

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The aim of this study was identifying the role of the Palestinian Community Reconciliation Committee as a model for transitional justice in achieving the national reconciliation. This study focused on achieving this goal through three axes: the obstacles encountering the Community Reconciliation Committee, the mechanisms of the Community Reconciliation Committee and support and enhancements of the Community Reconciliation Committee. The researcher used the analytical descriptive approach describing the phenomenon of the study in addition to conducting a field study to identify the role of the Community Reconciliation Committee in achieving the national reconciliation by designing a questionnaire and taking the …

Reconstruction And Rebuilding Stability Of Post Conflict Societies: Economic And Security Interests Or Sustainable Development?, Jihad Al-Ayasa

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This critical review shed light on the problem of applying the model of reconstruction and stability building of Germany and Japan after World War II on geopolitically and culturally different cases, such as Iraq and Afghanistan as post war contexts; and probably the same model will be applied to different post war contexts, such as Syria, Yemen, Libya and others. The study discussed the reasons why the model of reconstructing Iraq and Afghanistan failed compared to the successful model that was applied in Germany and Japan. Grounding on previous literature and theoretical frameworks, the study developed a new model that …

The Recent Amendments To The Jordanian Personal Status Law In 2001, A Legal Jurisprudence Study, Aladdin Rahal, Ahmed Al-Saad

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research aims at studying the latest emendations done on the Jordanian status law issued in 2001 from a fight judicial point of view, and to compare these emendations with the texts of the Jordanian civil status law of 1976. to show their judicial justifications and reasons for emendation, and to identity the consequences of such emendations. The researcher mentions the original texts before emendation and the amended ones, showing the difference between them quoting sayings scholars to originate such differences the also shows his own opinion in the antineutrons. The results suggest that the emendations occurrence few compared to …

Dowry Provisions In The Light Of Customs, Jamil Janem

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The research tackled one source of the legal rules related to the civil affairs. It investigated the rules of dowry in light of traditions. It pointed out that traditions always play significant roles in the process of establishing or writing the legitimate rules dealing with the amount of dowry the pride should receive. Islamic law looked at this dowry as one of the bride's legal rights and urged people involved in the process of marriage to determine its amount according to their traditions. Islamic law did not decide firmly the date of this dowry payment that can be immediate or …

The Concept Of Freedom In Islam ‎And The Foundations Of Social ‎Upbringing, Tawfiq Al Anbari

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The freedom in Islam is considered as a fundamental aspect which can determines the social ‎char-acteristics and according to the Islam law, the social treating can make a man in a sage ‎side and put him in a good society. Before Islam, a lot of social relations couldn't fulfil an ideal ‎society in whit an individual couldn't find himself. In third society a lot of noble and ‎fundamental aspects where absent, therefore the new believe concentrated on the most ‎correct open minded equalization and giving the right to the science and education fields. Also, ‎this new society confirmed the labor …

Argumentation Of The Concept Of ‎Contravention Between Fixers And ‎Negators, Muhammad Al-Ali

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The present research aims at elucidation the authenticity of the concept of violation in the ‎formation of judicial rules being a way of proving it. This stems from the hypothesis that ‎meaning of words are their denotations , some of which are agreed upon such as utterance ‎meaning , whereas others are not such as conceptual meaning . That is , the concept of ‎violation and disagreement on its authenticity is common in the judicial classifications , ‎scientific writings , legal texts , people's manners of saying or the contracts they conduct one ‎of them is al - shafi ' …

The Palestinian State From The Angle ‎Of International Law, Walid Mahameed

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Most of the Politicians and the legal scholars agree that the foundations of the State of ‎Palestine have a legal basis without legal discussion about the establishment of the state. In ‎such studies, we have to find the analytical principal foundation either the legal or the practical ‎ones which the State of Palestine based on adjectivally and with no effect of the political and ‎emotional factors. It is not true that the decisions of the United Nations and the of the self - ‎determination are the only factors are the ones, which are going to define and draw the shape …

Punishment For The One Who ‎Betrays Trust ( Jahed Al-Aaryah) ‎Between The Punishment And ‎Discretion, Adnan Smadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This essay treats a subject of great importance. It is denial of borrowed objects, namely an ‎object lended to others to use it without spoiling, then obsecuring it. A sequence to such ‎abehaviour is the creation of doubt among people and it also causes the relations and the ‎good deeds to be cut among people. Hence, Islam legislated apenalty to such aconduct in ‎order to stop it. As scholars (Fukaha) were different for the estimation of the penalty to this ‎type of state, the subject is needed to be in restighted to put the foundations to this state and ‎to …

Jordanian Standards, Their Importance ‎And Provisions In Islamic Law And The ‎Jordanian Law Of Specifications And ‎Standards No. 15 Of 1994‎, Mahmoud Bakhith

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This Paper deal foundation with the standard specifications which have become one of the ‎firm monitors and a ground among other basis to provide access for trade exchange among ‎individuals and nations. ‎ Because of the importance of this aspect countries joined forces calling forth establishment of ‎international organization which can take good care of it.‎ ‎ The Islamic Sharia ', however, gives special attention to the safety of the individual and protect ‎and preserve his financial and moral security. Morever, it seeks to protect the public and ‎private interests and boost the relationships between individuals and states upon evident …

Insufficient Control Of The Legality Of ‎Expropriation Decisions In Jordan, Ali Al Shatnawi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Appropriation is defined as the expropiation of a property from its owner, the right of disposal, ‎usufruct of easement of same. Thus, appropriation can apply to the tittle to the property per ‎se, to the right od disposal of, usufruct or easement of such tittle. Such sovereign privilege, ‎determined for the public administration to dispossess the private property, is based on Article ‎‎( 11 ) of the Jordanian constitution of 1952 , which provides that " the property of any person ‎may not be seized except for public use and against a fair compensation as prescribed by the ‎law " …

The Extent Of The Civil Judge’S ‎Commitment To The Criminal Ruling, Akl Makablaha, Adnan ‎Al-Sarhan

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Correctional magistrate enjoys vast authorities in the field of proof. Thus, correctional ‎decisions have authority in front of civil court; and civil magistrate can’t, in principle, come ‎against what the correctional magistrate has come to. ‎ Yet, the Correctional decision doesn't acquire its authority unless it is final and only in the ‎matter that they have to be settled by it. ‎ This research aims at fixing the extent to which a civil magistrate finds himself held by a ‎correctional decision and what are the paragraphs and parts constraining him there - to..‎

Constitutional Custom Between ‎Theory And Practice, Suleiman Batarseh, Karim Kachek

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research aims to study constitutional conventions from a theoretical as well as a practical ‎perspective. ‎ From the theoretical point of view, the researchers focused on the origin, characteristics and ‎the value of constitutional conventions among the various branches of law. We concluded that ‎constitutional conventions play an eminent role in countries with a written constitution, ‎whereas they come after legislation in countries having a written document concerning the applications of constitutional conventions, we found out that they play a ‎creative role in Britain. In France, conventions interpret, complete and even modify the items ‎of the written constitution. ‎ …

Verdict On Selling What Is ‎Sold Before Taking ‎Possession Of It In Islamic ‎Jurisprudence, Ahmed Al-‎Saad

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

تقوم بعض المؤسسات المالية في وقتنا الحاضر بمعاملات بيع ، يتم فيها المبيع قبل قبضه ،ويتعرض على هذا الأمر بعض عامة ‏الناس الذين لا يعرفوا الحكم الشرعي في هذه المسألة ، كما يعترض بعض علماء الشريعة الأسلامية على ذلك ، وهذا ليس بجديد. ‏فقد اختلف الفقهاء من قبل في هذه المسألة في ضوء ما ورد من أحاديث . بحثت هذه المسألة ، ووقفت على النصوص واستدلال ‏الفقهاء بها ، ثم ترجح لدى جواز بيع المبيع قبل قبضه إذا كان غير الطعام وغير الأموال الربوية . والقبض بتحقق بالتخلية ‏والتمكين من التصرف ،لذا لا تشترط الحيازة الحسية بصحة بيع المبيع وإنما …

Drinking Wine Between The Limit ‎And Discretionary In Islamic ‎Law, Ahmad Al-‎Smadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Linguistically wine means what is taken from grape juice ‎ and gets someone intoxicated . It is called wine for it affects one`s mind , jurists differed in Limiting the meaning of the ‎ term "wine" evidences of each team of jurists , I have com-‎ mission understanding that wine involves any intoxicating material according to the right versions . They generally limit the meaning of the term and what it denotes .‎ After surveying and discussing the jurists evidences , I can clarify that the punishment of a drunk is not a judgment because an evidence is not existing …

Linguistic Branching Of Semantics In Arabic: A Social Approach, Hanan Ismael Amayreh, Mohammad Ismael Amayreh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Linguist Branching is appropriate for Arabic Language as words branch out mostly from roots, and every root becomes a tree, which is different from others, not because of the tree itself, but because of what society uses. Language branching expresses the controversial relationship between the language and the rules that govern it from one side, and society’s preference of certain terms over others from the other side. This study tries to answer the following questions: does the language impose the used words, or does it offer options for society to choose what suits it? The study reaches a conclusion that …

The Reality Of Applying Governance Within The Criteria Of Quality Assurance At Schools Of Sport Science At Jordanian Universities, Sari Ahmad Hamdan, Fatima Marof Al-Khrisat

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the reality of applying governance within The Criteria of Quality Assurance at schools of Sport Science at Jordanian Universities from their members perspective. It also aims at finding out the differences in the schools' members perspective. The sample of the study consisted of (86) school members who work in (University of Jordan, Yarmouk University, Mu'tah University, Hashemite University, and Al-Ahliyya Amman University). To achieve the objectives of the study, the Descriptive approach was used. The results showed that the reality of applying governance came to a high degree, and they were statistically significant in the perspective of …

The Image Of The Andalusian Woman In Love And Adored In The Muwashahat Of The Sixth Century Ah In Andalusia, Ali Mosa A-Masha’Leh, Nawal Abd Rahman Al-Shawabkeh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This research aims at exploring the image of the Andalusian woman in love and adored in the sixth hijri century of Andalusia. It explores the real image of women through Andalusian muwashahat and books of literature, translations and others. This research displays the image of the beloved woman and her relationship with her mother where washaheen discuss her beauty. As for the beloved woman, washaheen believe that she has the right to flirt with men, so she was given the chance to express herself using the last section of muwashat. The woman searches for her lover, so she goes to …

The Degree To Which The Use Of Modern Educational Technologies On The Quality Of Education And Its Development In Al-Ahliyya Amman University From The Viewpoint Of Faculty Members, Sawsan Badrakhan, Hafizah Muhammad Mahmoud, Feda Ghnaim, Suleiman Alnaimi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aims at identifying the degree to which the use of modern educational technologies on the quality of education and its development in al-ahliyya Amman university from the viewpoint of faculty members by developing a questionnaire consisting of (20) items which were distributed to a random sample consisting of (198) faculty members. The results of the study showed that the most important modern technologies used in university education are: first, information network (the Internet) with a rate of (18.70%), and second, social networking sites, with a rate of (15.9%). The degree of impact of the use of modern technologies …

The Obstacles Faced By The Middle School Leaders Who Apply The Initiative Of Transition Towards Digital Learning, Amal Ibrahim Aldhafar

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the obstacles faced by the middle school leaders when they apply The Initiative of Transition Towards Digital Learning as well as determining the degree of responses of middle school leaders to these obstacles according to variables such as; (years of experience and school size). In order to achieve the objectives of this study, the descriptive method and the questionnaire method were used. The above methods were applied and distributed amongst the (25) school leaders who applied The Initiative of Transition Towards Digital Learning. The study concluded that obstacles of the application of middle school leaders …

Type D Personality, And The Levels Of Anxiety And Depression In A Sample Of Cardiac Patients In Comparison To Their Non-Patient Counterparts, Fatma Faris Najjar, Wisam Breik

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The present study aims at exploring the prevalence of type D personality (distressed personality) and the levels of anxiety (trait) and depression in a sample of cardiac patients in comparison to their non-patient counterparts in Jordan. To achieve the objectives of the study, an adapted form of type D personality scale-DS14, Trait Anxiety Scale and Beck Inventory were utilized. The study sample consisted of 309 individuals; 306 of which cardiac patients (73 males and 83 females) whose illness is not due to congenital causes and 153 non-patients (83 males and 70 females) as a comparative group, who were chosen from …

Textual Consistency Mechanisms In The Poem "Lost Nostalgia" By Abu Alqasim Alshabbi, Esa Slah Al Tarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The research addresses a significant topic related to (Text Linguistics) based on analyzing poetry speech textuality. The research tracks a textual occurrence as the base of assessing the text quality, which is "Textual Consistency”. The research will study the Textual Consistency mechanism in Abu Alqasim Alshabbi's poem, "Alashwaq Altae'ha", unfolding the consistency of its phonetics, vocabularies, and structural contents, highlighting the significant role of these mechanisms on this outstanding text in maintaining its unity, coherence and cohesion. The research adopted the Descriptive approach, using literary analysis. Key words: Textual Linguistics, Text, Consistency, Abu Alqasim Alshabbi, "Alashwaq Altae'ha”.

The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the doctrine of Functus Officio and its exceptions under the Jordanian Arbitration Law and its relation with the doctrine of res judicata. We will first shed the light on on the doctrine and the awards to which it apply. Then, we will examine the exceptions of the doctrine that alleviate the potential harshness of the doctrine. These exceptions are: correction of clerical error in the award, interpretation of ambiguities or obscurities in the text of the award and supplementation or the issuance of an additional award on matters or claims presented in the arbitral proceedings but omitted …

جريمة استغلال النفوذ في القانون الفلسطيني والجزائري دراسة مقارنة, سامي محمد غنيم استاذ مساعد

Journal of Al-Azhar University – Gaza (Humanities)

ملخص:

تُعد جريمة استغلال النفوذ من الجرائم الخطيرة، فبالإضافة إلى كونها تؤدي إلى المساس بمبادئ دستورية من قبيل مساواة المواطنين أمام القانون وأمام المرافق العامة، فإنها تؤدي أيضاً إلى انعدام الثقة بين المواطن وجهات الإدارة عبر إبرازها بمظهر الخاضع لبعض أصحاب النفوذ والمتسلطين .

ونظراً لخطورة هذه الجريمة على كيان الدولة ككل ومدى نجاعتها في تقديم خدماتها ، أو تحصيل الاعباء من المواطنين على قدم المساواة اهتمت التشريعات بتجريم هذا السلوك وتشديد العقوبات عليه في سبيل ردعه، وهو ما أخذ به المشرعان الفلسطيني والجزائري .

كلمات مفتاحية: استغلال النفوذ، القانون الفلسطيني والجزائري

Abstract:

The influence peddling is considered as …

The Rights Of Imprisonment Creditor And His Obligations In Jordanian Law, Issa Rabdi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Jordan addressed the legislature the right greenhouse in the articles 378 to 392 of the Civil Code, and the idea of this right confined to the creditor until the implementation of its commitment to the implementation of the city of commitment and thus limits the stop-creditor in the exercise of this right and the means to compel the debtor to fulfill, and that through its imprisonment of psychological or economic pressure on the debtor, which is often a place of detention. In order to be able to exercise the right of the creditor greenhouse there are concurrent conditions must be …

The Requirement Of Interest In The Judiciary Of The Jordanian High Court Of Justice, Salim Hatamla

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The condition of interest is considered as one of major principle which the administrative law jurisprudence depends on , because condition of interest is the cause of administrative case , which was stated in the terms of the supreme justice court code 1992 in Jordan , in which the legislator stated that , " any case will not be approved or accepted in front of this court unless the plaintiff (claiman ) has real and personal interest". It's determined that the interest in the case of nullity should not depend on a real right was tress passed or was threatened …

Appealing Judicial Rulings In The Cassation, A Comparative Study Between The Work Of The Sharia Court Of Appeal And The Regular Court Of Cassation, Muhammad Al-Zoubi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Empeaching the Judicial Judgement by Means of Cassation Comparative Study Exposes the work of the court of judicial appeal and the court of systematic cassation By Dr. Mohammad yonus al-zoubi Abstract Since judgement is a human activity ,it may be liable to errors , which lead to forfeit people’s rights and it contradicts the two main principles of the sharia of Islam :right and justice According to these Islamic principles , all people are equal in front of regulations and rules of Islam .This research clarifies one of the ways in which we can refute judgement in order to put …

The Repercussions Of The Covid-19 Crisis On Global Markets And The Expected Scenarios For The Advancement Of The Global Economy, Firas Al Kufy

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The research focuses on assessing and analyzing the impacts of the COVID-19 pandemic and associated impacts on the international market scenarios. Moreover, the research evaluates financial recovery scenarios for global markets to understand the future path of the global economy’s progress and overcoming its current distress. Thus, the aim of conducting relevant research is to provide appropriate guidance to various policymakers regarding the development of economic benefits by coordinating global policies to respond effectively to the implications of epidemiological situations associated with COVID-19. We have monitored many indicators from various countries that seek to overcome the remnants of the epidemic …

A Comparative Study On Competition Laws And Practices Between Saudi Arabia And The United States, Hussain N. Agil

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This paper mainly compares the prevailing competition laws and practices of both the United States of America and Saudi Arabia with respect to their historical development and the legal systems of these countries. These objectives emanate from the globalization of trade and commerce, which necessitates considerable knowledge on the part of the global investors of the similarities and differences between the two countries for ease of trade. Being a comparative study, the current work adopts a comparative analysis methodology whose main objective is to evaluate the characteristics of each competition practice. Furthermore, there has been a need to reconcile the …

The Role Of Viral Marketing In Improving The Mental Image Of The Palestinian Cellular Communications Company Jawwal - Southern Governorates, Husam Abo Ajwa

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The aim of the research is to test and analyze the correlation and impact relationships between the dimensions of viral marketing (electronic publishing methods, viral advertising campaigns, the electronic spoken word, motivations of viral message conveyers) and to improve the mental image (perception, influence, motivation, and desire) from the viewpoint of the customers of the Palestinian Cellular Communications Company (Jawwal), and revealing the differences in the responses of the sample members according to the following personal variables: (gender, use of mobile services, duration of use, degree of interest in mobile services). To achieve the research objectives, the descriptive analytical approach …