Social and Behavioral Sciences 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 …

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 …

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. ‎ …

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 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 …

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 …