Law Commons^™

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 …

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 …

Seller Commitment In E-Commerce Contracts, Adel Miqdadi

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study deals with the duties of the seller to buyer in these modern contracts that differ from those of traditional ones in their conclusion, with their parties living in different locations. Accordingly, the seller's obligations in the e-commerce contracts are relatively numerous, before and after the conclusion of the e-contract. This research paper shows that the seller is committed to many obligations before the conclusion of the e-contract such as identifying the necessary stages for the completion and implementation of the contract, listing of goods specifications and prices, costs of goods delivery, validity of quotation of contracted goods, payment …

The Legal Nature Of Competition, Muhammad Bani Miqdad

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Competition is the cornerstone of the liberal market economy on essential mechanism for durability because of the various benefits it create for the different market stakeholders, including consumers and producers, and the optimum utilization of available resources. Under competition, everyone is free to practice the commercial activity he wish, to choose the place of entity and nature of activity. Competition means the free working of market mechanisms as represented by demand/supply between producers and consumers, the freedom of getting into market and trading honestly and transparently in commercial transactions. Unfair competition is when a trader follows unlawful or trickery I …

The Legal System Of Responsibility To Protect As A New Form Of Humanitarian Military Intervention, Muhammad Al-Shibli

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study examines the theory of the “responsibility to protect’, which is‏ ‎the last stage of evolution in the “theory of humanitarian intervention “ , or‏ ‎a new version, which entered the international law after the Earth Summit in‏ ‎This theory has evolved after the urgent need for intervention in many‏ .2005 ‎conflicts, where heinous crimes and human rights abuses were committed.‏ ‎There were many cases of interfering in many conflicts to protect human‏ ‎rights, however, some countries, in many cases, intervened to achieve the‏ ‎goals, objectives, and interests of its own, without being concerned with‏ ‎the protection of human …

Disclosure Of The Secret, Khaled Abu Ghazla

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research aims to define the secret, it is the information that the person keens to

withhold done the existence of a direct interest in keeping the secret under wraps

and avoid it to be disclosed to any party because the declaration of the secret represents

a material or moral damage infected without his will or desire.

This research also aims to determine the rules of professional confidentiality, legal

protection provided by the legislator, identify the elements of this protection, means

and exceptions on them, the consequent different penalties depending on the type

of crime and its effects and the …

The Effectiveness Of Leadership And Its Impact On The Process Of Continuous (Development; Case Study), Abd Almute Asaf

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study aimed at identifying the effectiveness level for the administrative

leadership, at the Academia of post graduate studies, and identifying the effectiveness

level of the process of continuous development. It aimed also at identifying the

impact of the administrative leadership, on one hand, and its main components, on

the other hand, on the effectiveness of the process of continuous development. The

study concluded that the degree of effectiveness of administrative leadership was

about 62%, and the degree of effectiveness of the process of continuous development

was 58%, and there was a high impact of the leadership and its components …

The Civil Liability Of The Authorities Of Electronic Signature Certification – A Comparative Analysis Study, Samed Darwesh

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study aimed to release the concept of authorities of electronic signature

reliance and certificates issued by them, and clarify the obligations imposed on

them, then expose the legal nature of civil liability arising as a result of the breach

of their obligations, both in the general rules of civil liability, and in the private

legal regulation brought by some International and Arab Legislations. We follow in

this research the comparative approach between the UNCITRAL Model Law and

EU Recommendations, the Jordanian, Egyption, and Emirati Fedral Laws with the

show need to amend the 2015 Current Electronic Transactions Jordanian Law …

Penal Protection Of Intellectual Technology In Jordanian Legislation “Critical Analytical Study”, ممدوح حسن العدوان, Abdulellah M. Al-Nawaysh

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

There is no doubt that the information revolution that accompanied the emergence of computer and information technology prompted the penal legislator to enact legislation to confront the infringement of property rights to the information and to the outputs of this modern technology, and to close the door against those who try to undermine those rights that were created by this technology.

Accordingly, this research was presented to highlight the Jordanian penal legislation related to intellectual property, which provided this protection. This research addressed three topics. The first section defined the meaning of information technology as well as intellectual property legislation. …

The Effectiveness Of The Universal Periodic Review For Human Rights: Jordan As A Case Study, أيمن الهلسه

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The research focused on the effectiveness of the Universal Periodic Review (UPR) within four chapters.

The first chapter explained the history behind the creation of the UPR, the UPR process, the role of Un Human Rights Council in the process, UPR procedures and how it is implemented.

The second chapter discussed the challenges that the UPR process is facing, states’ interaction with this new mechanism and how the UN Human Rights Council reacted and dealt with states that did not cooperate with UPR procedures.

The third chapter explained the legal nature of UPR recommendations. Various opinions were analyzed and discussed …

Corporate Governance And Financial Performance: An Empirical Study On Cement Companies Listed In Saudi Stock Market, Mohammed Bajaher

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This paper investigates the impact of corporate governance on financial performance by cement firms listed in Saudi stock market during the period of 2012-2016. Many studies have examined the association between corporate governance mechanisms, ownership structure and firm performance, the most of them conducted in the developed countries, produced diverse findings, influenced by the nature of the dominant governance system for each country. Using the Least Ordinary Square (OLS), the results of the current study revealed that managerial ownership and firm size have a positive and significant impact on firm performance. However, board independence, board size, board meeting and audit …

The Role Of Legal Education In Anti-Corruption In The Light Of The Inevitability Of Basic Human Rights: "An Empirical, Applied Study From An Academic Legal Perspective", بهاء الدين خويرة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research presents an empirical, academic study to illustrate the role of legal education in anti-corruption within the framework of the educational curricula that are applied at the faculties of law, particularly the courses specialized in the integrity, transparency, accountability and anti-corruption issues; and the obstacles that face their teaching in Arab countries that are considered naturally as developing countries within low patterns and levels; that still make the Arab citizen in general and the knowledge seeker in particular in the position of the influenced rather than an influential element in the anti-corruption system.

Perhaps the most serious problems faced …

Delegation Of Competence In Light Of The Principles Of Public Administration And Administrative Law: An Administrative And, عبد المهدي مساعدة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Duties and responsibilities assigned to the public administrative authorities are not privileges granted to those who occupy public offices. On the contrary, these duties are entrusted to officers with legal powers to carry out their duties to maintain the public interest. Delegation of competence is carried out by formal decisions issued the delegator to allow his delegates to discharge certain duties of according to the delegation. The delegator can only delegate if he is permitted by the legislator. He remains responsible for the delegates acts. The latter becomes, also, responsible before the delegator for his wrongful acts and he cannot …

The Transfer Of Zakat From One Country To Another - In Islamic Economic Thought -, مُحَمّد القضَاة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research paper discusses the legitimacy of moving Zaqat from one country to another included a discussion of scholars points of view and their evidence.

The researcher finds that the origin of Zaqat is to be collected and distributed in the same country; however, it is permitted to be distributed in different country under certain conditions like the case of no need for Zaqat’s money in the origin country, the case of urgent need for Zaqat on another country, or the case of Zakat need for the giver’s relatives in another country and other cases

The Courts Discretionary Role In Testimony, علاء الدين عبابنة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

There is no doubt that evidence by testimony came as a sign that legislator wants to give judges full power to weigh the evidence, unlike the situation in other kind of evidences where the judge is restricted upon a kind of evidence.

This article shows that even the law has given wide authority to the judge upon testimony; the extent of this authority differs from legislation to another in different countries according to the adopted principle of evidence. Accordingly, this article has been divided into three sections; the first examines the judge's authority upon evidence by testimony, while the second …

The Criminal Responsibility Of Rumors Promoters Through Social Networks “Jurisprudent A Legal Study”, سِيرين جَرادَات, مُحَمّد القضَاة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study address one of the important issues recently raised "The criminal responsibility of the rumors promoters through social networks". Many people who visit social networks do not realize the negative effect of their rumors, or know the extent of criminal responsibility which may fall upon them as a result of these rumors. This issue has been addressed to know what the Islamic rules, with regards to Islamic legislations and Jordanian law.

In order to address that issue, this study includes several aspects, such as: types of rumors and the negative effects of rumors. Also it explain the position of …