Law Commons^™

The Criterion Of The Apparent Mismatch Between The Specific Performance Cost Incurred By The Debtor And The Interest Gained By The Creditor As An Impediment For The Specific Performance Of The Obligation In The French Law, Yousef Shandi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This paper dealt with the specific performance of the contractual obligations under the Articles (1221 and 1222) of the French civil law as introduced by (Decree 2016 – 131, dated 10/2/2016 amending the contract law, general provisions and evidence). These Articles reinforce the general rule in contracts, i.e. the contractual obligation shall in principle be specifically performed. However, Article (1221) introduces an important exception to this rule. The judge may refuse specific performance requested by the creditor, if there is "an apparent mismatch between specific performance cost incurred by the debtor and the interest gained by the creditor thereof." This …

The Legal Protection Of The Physical And Psychological Health Of The Working Women In The Moroccan And Palestinian Legislations, Nidal Ghaith

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study examined the legislations related to the legal protection of the working women and their roles in protecting the working women’s physical and psychological health in both the Kingdom of Morocco and the State of Palestine. The manifestations of the legal protection of both the physical health and psychological health of the working women were discussed. One of the prominent conclusions of the study is the necessity to organise the women’s work to protect them from the dangers threatening their physical and psychological health as mentioned in the Moroccan Labour Code and the Palestinian Labour Law. However, the legislations …

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 …

Palestinian Public Service Quality Measurement Using The “Ppsqm” Scale, Nour Mattou, Jehad Alayasa

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims to bridge the research gap in the topic of the quality of public services in Palestine due to the importance of this issue locally and internationally and provide recommendations to the heads of the public service institutions to address the numerous obstacles and improve the quality of the services provided to the potential customers The problem of this research deals with the lack of the interest of the civil service employees in the quality of the services they offer to their customers. Primary observations showed that these employees tend to provide ambiguous information to their customers. This …

Characteristics Of Trust (Waqf) In Islamic Law (Sharea’A), Khaireldeen Taleb

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The paper consists of an introduction and two chapters, namely, definition of Waqf in language and convention and characteristics of Islamic Waqf. In the introduction, the author studies the importance of Waqf. Furthermore, he surveys the literature review and introduces his methodology. In the first chapter of the paper, the author explains the meaning of the term “Waqf” and its legality in the Quran, Sunna, jurisprudential provisions, and scholars’ opinions. The second chapter provides an overview of the characteristics of Waqf, its importance, and its effect on the state as well as individuals. Among these characteristics are divinity, positivism, humanity, …

Divorce Muta’A Between Fiqh (Islamic Jurisprudence) And The Personal Status Laws (Presentation And Criticism), Abed Alhameed Kurdi Banyfadel

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The aim of this research is to clarify a fact stated in The Holy Qura'an. This fact is mainly about a right for people. Allah wisely mentioned several times in The Holy Qura'an that the divorcee must be awarded Muta'a (the amount of money that the man gives to the woman when the divorce occurs). However, some family laws did not address this right. Furthermore, people's rights which have been stated by Allah in the Holy Qura'an cannot be a subject to opinions. As it is widely known, no opinion can be accepted when there is a provision. In addition, …

Work Injury Insurance In The Palestinian Labor Law, Ahmad Abu Zeineh

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The focal point of this research paper is work injury insurance in accordance with the Palestinian Labor Law no. 7 of 2000. In fact, this law guarantees the rights of the injured employees to claim monetary compensations. The said law obligates the employers to seek insurance contracts for their employees in one of the insurance companies working in Palestine. Accordingly, this provision decrees an important guarantee for the injured employee during the period of work. Further, the said law has imposed penalties on the employer who fails to fulfill this requirement without giving much detail on the consequences of this …

Verification And Explanation Of The Prophetic Traditions (Hadiths) Of Kindness To Animals, Helmi Abed El- Hadi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research includes a collection of Hadiths (prophetic traditions) mentioned by Prophet Mohammad (Peace and blessings of Allah be upon him), in which he urged Muslims to deal kindly with the animals when Muslims use these animals for all purposes like riding, loading milking and even slaughtering them.

The researcher has also verified the authenticity, judged and explained all of these respective Hadiths in a wise way to show the greatness of Islam in dealing with animals; he was neither lengthy nor short. In fact, the greatness of Islam is clearly shown in dignifying these animals which, in turn, entails …

The Contemporary Position Of Public International Law From The Right To Privacy In The Digital Age, Rezeq Salmoudi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The right to privacy is one of the pivotal rights rooted in the history of human beings. Almost all legal systems have always regarded this right as being sacred and should never be violated. Paradoxically, as life goes on, the threat to this right is growing rapidly, which constitutes a challenge to human rights' defenders and activists. This challenge is mainly triggered by the ever-advancing revolution of technology, which enables, inter alia, the State, more than ever before, to interfere with one's private life, This, in turn, endangers the societal value of privacy. However, the cyber surveillance programs have proved …

Social Networks And The Political Participation Of Moroccan Youths In The 2015 Communal And Regional Elections., Redwan Qutbi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aimed at identifying the use of social networking among university youths and its relation to the political participation in the regional and communal elections held in Morocco in September in 2015. The researcher used the descriptive approach and relied on the questionnaire as an instrument for data collection. The sample of the study, made up of 400 elements, was randomly chosen. The findings showed that the youth’s use of social networking focused mainly on the events of the 2015 Moroccan communal and regional elections. The findings also showed that political gratification and monitoring of the electoral process and …

Protection Of Natural Resources In International Law: Case Study Of Palestine, Ahmed Said Elagha

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This paper addresses the issue of protection of wealth and natural resources of nations on the grounds that such protection is still experiencing many contradictions in theory and practice. Although the international community through many of its organizations, particularly the United Nations, has issued several resolutions which confirm the right of peoples to self-determination and their right to have complete control over their wealth and natural resources, the main dilemma lies in two directions. Firstly, the weakness of the texts of such international resolutions and implementation mechanism. Secondly, the policies of the great powers in their relentless attempts to circumvent …

Parties’ Choice Of The “Rules Of Law” To Govern International Commercial Contract Before National Courts, Amin Dawwas

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

According to the conflict-of-laws rule in many Arab countries, the international commercial contract is subject to the law chosen by the parties. According to the prevailing opinion in judiciary and doctrine, the law chosen by the parties to govern the contract should be a law of a particular State. If the parties chose "rules of law", such a choice will generally not be recognized as the law governing the contract. Rather, courts would consider such a choice as an incorporation of the rules of law into the contract, provided that such chosen rules of law shall not contradict the mandatory …

Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims at investigating the reality of violence against women with disabilities in its different types and forms (family violence, societal violence, self-violence), as well as the psychological and social effects of that violence, in addition to the responses of women with disabilities to the violence practiced against them.

In order to achieve the study goals, the researcher adopted the quantitative research method, which was applied to a sample of women consisting of (102) women with motor and sensory disability, who benefit from the services of societies and centers specialized in their disabilities, in the city of Amman by …

The United Nations' Convention Against Corruption In The Palestinian Legislation, Saeed Abufara

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The corruption phenomenon is one of the oldest negative phenomena that has been closely related to the human society. Starting from the first human societies to the emergence of the modern political systems, the interpretation of the corruption phenomenon has varied in terms of countries' and people's cultures and values, as well as their political, economical, and social views. Corruption, in all its forms, represents an essential aspect in the international community and constitutes one of the most important obstacles, which impedes the growth and development of societies. Consequently, the international community has diligently sought for a global convention to …