Jordanian Journal of Law and Political Science
Jordanian Journal of Law and Political Science Print ISSN :2520-744X | Online ISSN: 3005-2491 The Jordanian Journal of Law and Political Science was established in 2009 to be the official scientific journal of law and political science in Jordan. Published with the Support of Scientific Research & Innovation Support Fund / Jordanian Ministry of Higher Education and Scientific Research and is based at Mutah University. It is published regularly, four issues per year. The journal specializes in legal sciences and political sciences. Over two decades, the journal has published many papers by elite academics from different countries and cultures, whose impressions of the journal and its procedures have always been appreciated. Jordanian Journal of Law and Political Science is an open-access journal committed to publishing original, high-quality scholarly research papers that provide solid insights into all aspects of Law and Political Science. The journal publishes research of high scientific quality and in accordance with serious, objective scientific standards in terms of peer review and publishing. The journal follows a policy that balances quality, flexibility and speed requirements. The journal receives scientific research in three languages (Arabic, English and French). The journal includes in its various bodies an elite group of scientists and academics from countries around the world with an advanced academic reputation. The journal is published electronically. In addition, most of the journal's issues are available on its website. Since its founding, we can say that the journal has contributed to the advancement of scientific research in its field of specialization.
Publisher Mutah University Deanship of Academic Research (DAR)
Reflections on Jordanian legal system that organizes civilians prosecuting the judge : a comparative study
The Judge already knows that he is not infallible while performing his job tasks. Nevertheless, he does not like to be prosecuted and impeached regarding the damages he mny cause to others. The judge claims that putting him in such a situation (impeachment) prevents him from performing his job, and that this may make him hesitant when it comes to making judgments. This may also affect the judge's position, as he does not favor defending himself concerning an action unless he personally benefits from it. In response to the Jordanian legislator's passiveness upon the issuance of the Independence of Courts Law, and the Civil Procedures Rules Law, regarding civilly prosecuting the judge. And thus, we wish that the legislator regulate this issue by putting forth certain procedures for this prosecution, and being strict in the cases regarding which the judge shall be questioned, so that the judge shall not be hesitant when it comes to making judgments. Furthecmore, the judge can perform his job in the best possible way, being in safety regarding some people's doubts since they use this issue as a pretext to defame and dispraise the judge. Our purpose, when we point out to the significance of taking this argument into consideration, is to show that we all are subject to the rule of law, as none of us is void of responsibility. The judge when performing his job, for instance, is doing a duty he is held responsible for; though, he does not enjoy rights or privileges given to him by the law. The Civil Procedures Rules Law stipulates that the court shall not postpone a trial to a period that exceeds (15) days, nor shall it postpone a trial more than once due to the same reason concerning one of the disputing parties. The court is not also entitled to suspend a case for judgment more than (30) days. Yet, the obvious question to be raised in this respect is "what is the penalty that shall be imposed on the judge once he violates these provisions of law?" The Independence of Courts Law stipulates that the judge's negligence in his job tasks, or behavior in a way that reflects lack of honor, dignity, or tactfulness is a misdeed that entails a disciplinary action. be imposed upon the judge, too, if he delays making a judgment, discriminates between the disputing parties, or reveals the secrets of negotiations.
Copyright (c) 2026 Jordanian Journal of Law and Political Science
The competence of legal rules in protecting tenants upon evacuating rented property for changing, constructing or demolisuing according to the rules of the Jordanian landlords and Tenants law number 11 of 1944 and its amendments
Landlords have the legal right to evacuate their rented property for changing, constructing or demolisuing according to the rules of the Jordanian landlords and tenants law number 11 of 1994 and its amendments Certain rules and restricitions have to be observed at the level of the options given to the tenants after re-constructio. The current study sheds the light on this case in order to show the competence of the legal rules in protecting tenants. Furthermore, the study discusses any defects or shortage that may provoke any ambiguity in the text or problems in applying the rules of the legal system
Social and political impacts of economic refoem programs in Jordan1989-2004
The study seeks to examine and evaluate the political and social effects of Economic Reform Programs (ERPs) in Jordan during the period (1989−2004). Mainly, the study tried to answer the following question: What are the main political and social effects of Economic Reform policies in Jordan? To answer this question the study used analytical and descriptive approach, mainly beforeafter approach. The study found that there are negative social consequences of ERPs, mainly increasing rates of poverty and unemployment in Jordan during the program period. The study has also looked at the political consequences of ERPs. On the positive side, it found that Economic Reform programs have a positive impact on the process of democratization in Jordan. On the negative side, Economic Programs are accompanied by a high political price, which mainly took the form of riots and lead to the instability of the government during program peribd.
Administrative complaint : as a cause for discontin the appointed time of appeal
The Jordanian legislator has set an appointed time to file a suit at the supreme court in sixty days. This period comes into effect frome the date of publicizing the decision, informing the concerned party or making sure that the concerned person is aware of that dicision. This aims at eliminating any chamce of leaving openended the time of the appeal, in order to secure stable and legal position. However, the legislator- in some cases- allows the appointed time of the appeal be discontinued's lie. Not cousidering the bygoue period and setting a new date. Such cases in clued administrative complaints. This paper deals with the meaning of administrative complaint, its kinds and conditions.
The legal value of the letter of comfort : a study in jurisprudence and case law
This study deals with the "Letter of Comfort" as an instrument highly used in commercial dealings. The common practice here is that a mother company issues such a letter informing a third party that its affiliate company is in a good financial position, and is able, therefore, to meet its obligations under a contract. This letter, in turn, encourages the third party to contract with the affiliate company. As a general rule, the Letter of Comfort is supposed to be bondless to the mother company, in the sense that it does not embody a bill or guarantee. However, it appears that in a number of cases courts consider that this letter has a legal value, depending always on the language and the drafting of the letter, the circumstances under which it has been issued, and finally the nature of consideration. In most Arabian legal systems, the Letter of Comfort can find its legal justification and conceptualization under the Doctrine of the Promise on Behalf of Others. Finally some results and recommendations have been made.
Copyright (c) 2009 Jordanian Journal of Law and Political Science
Control of cybercrime : the English law approach
This research paper is an analytical legal study on crimes committed via the internet and other computer networks in English law. The United Kingdom issued the "Computer Misuse Act 1990". wich came into force on 29 August 1990. The Act has created three new offences, and deals with some of the difficult questions created by advances in information technology. This rescarch deals only with the substantive changes wrought in the criminal law by the Act. It also reviews case law, and highlights the response of the courts to the new Act. This research study was chosen for two reasons. First, United Kingdom is one of the foremost countries in which the legal system is suitably prepared for fighting cybercrime. Moreover, the Computer Misuse Act 1990 provisions have been adopted by other jurisdictions. Secondly, the Computer Misuse Act 1990 does go considerable way in providing an effective and adequate legislative framework to deal with this form of criminal activity. This was reflected by an extensive case law. This study highlights computer and information technology crime, and explores criminal acts conducted and committed through computers and Internet. In order to address these issues, the research paper will consider comparative laws, specially the, English law. The aim of this approach is to explore new directions of thinking and to look abroad in order to learn about better ways of preventing and combating cyber crime. It is very important to look at what other legal systems have done to fight such crimes. From the analysis, one main concluding point seem to be most evident. Control of Cyber crime legislation, similar to English law, should be enacted by the Jordanian legislature. This legislation should be kept up to date with technological changes, especially with the current rapid development of technology.
The legal restrictions of case expenses in Jordanian civil law procedures
The Jordanian legislator specified the private rules of case expenses in Jordanian Civil Procedure Law. The term "Expenses" means: the basic expenses of the case process in the court of law according to articles 161-166 of the civil procedures law. According to these articles, the party who loses the case pays these expenses in spite of his status as a plaintiff or defendant. More over, the criteria of paying these expenses differ according to the subject of the case, number of parties in law suit, existence of counter claim, compulsory and optional interference in the case. In its final decision, the court specifies which party pays these expenses, including the lawyer fees, even if the concerned lawyer did not ask for these fees.
Trafficking in human beings : a critical and comparative study in the light of the UN protocol of 2000 and the council of Europe convention of 2005
‘This paper deals with the trafficking in human beings, an important topic that has become an international phenomenon. As a result of trafficking activities many organized criminal groups have found an easy source of profits. Henceforth and because trafficking is a clear and obvious breach to dignity, humanity, liberty and human rights, the international community has started to pay significant attention to this problem and made great efforts in this regard which led to the adoption of the UN protocol of 2000. Moreover, some regional organizations such as EU and Council of Europe have also played a vital role in standing firmly against this problem. The efforts of the Council of Europe have led to the adoption of the Council of Europe Convention on Action against Trafficking in Human Beings, which is regarded important unique when compared with the UN Protocol. One of the points about the convention is the balance it has made between the criminal perspective and the human rights perspective for the victims of trafficking. Based on what has been said and because of the importance of combating trafficking on international, regional and national levels, particularly after the adoption of the UN Protocol of the 2000 and the Council of Europe convention, we have decided to shed the light on this issue. This paper is divided into four chapters. Chapter One gives general introduction about trafficking in human beings. Chapter Two deals with the international and regional efforts to combat trafficking in human beings. Chapter Three concentrates on the regional efforts to combating trafficking in human beings. Chapter Four discusses the Council of Europe Convention on Action against Trafficking in Human Beings.
The legal aspects of electronic contracting and electronic payment in electronic commerce
Although electronic commerce has certain important economic aspects, it also has vital legal aspects. Most of the related research work has emphasized the economic aspects of electronic commerce. In this article, which I have chosen to write in Arabic, I discuss two important legal aspects of electronic commerce: electronic contracting and electronic payment. In the first chapter I analyze the legal aspects of electronic contracting. Although the general principles of contracting are dealt with in the Civil Code, the Jordanian Electronic Transactions Law No. 58 of the Year 2001 (JETL) provided for the legal principles of electronic contracting. Thus, the time and place of contracting through electronic means were discussed. In addition, the admissibility of electronic message and electronic mail was discussed in this chapter in the light of the provisions of the Jordanian Law of Evidence (JLE). It is concluded that the provisions of JETL and the JLE admit electronic message and e-mail as evidence if certain conditions are met. In the second chapter the legal aspects of electronic payment are analyzed. The payment by credit cards or by electronic fund transfer is discussed. The JETL states the legal principles for payment by electronic methods and the liability arising there from. The JETL considers electronic fund transfer acceptable means for payment. It also states the legal liability if the payment cards are lost or stolen. Although the law required the Central Bank to issue regulations to organize such payment, the Central Bank has not done so yet, which forces banks to organize such payment through contractual terms with their clients.
Res Judicata and Dismissal of a Lawsuit for Prior Adjudication: Two Separate Legal Defenses
This study examines a very important subject which relates to the right of raising defences in courts, by clarifying the special rules that govern two types of defences: Re Judicata and Autrefois Acquit. The problem of this study has come in force due to confusion found among these defences particularly their definitions and the possibility of implementing on to them the special rales set by the Jordanian legislator. The importance of this study is found to decide the ways that should be followed by the parties of the case and the judge to use or implement these defences properly. This importance has also stemmed leaving the matter to the parties of the case to bring their dispute whenever they desire, will affect courts' decisions and open the door to from the fact that disputes endless. In addition to the introduction and conclusion; the study is divided into three sections The first section clarifies the definition of both defences: Res Judicata and the Autrefois Acquit; the second deals with the conditions that should be found in both defences; and the third section distinguishes between both defences The conclusion of this study contains results and recommendations.
The consumer's abstention from the E-contract : a comparative study in Jordanian and French law
This research is a comparative study between Jordanian law and French law regarding the consumer's right to resend e-contract as "in-absence contracting". The first Chapter of this study analyses the legal provisions that govern this subject under the French consumption Act, and particularly, addresses the definition of such right, its scope, the applicable rules, and a comparison between this right and the other similar legal concepts. The second Chapter clarifies the Jordanian law with respect to the consumer's right mentioned above in terms of the possibility to cover this right under the general rules and principles of Jordanian civil law. In addition, it studies the legal provisions that govern this subject in the suggested bill of Jordanian consumer protection law of 2007. As conclusion of this study, the researcher suggests some recommendations, the most important of which is the necessity to extend the scope of the consumer's right to resend the e-contract so as to cover the sale of services and goods. He also suggests that the consumer's right to resend e-contract shall not requir or stipulate the existence of defect in the sold property.
The efficiency of auditors' supervision over the board of directors in public shareholding companies under the Jordanian law
This paper discusses the role of auditors in supervising the board of directors in public shareholding companies. The first section dealt with the powers and obligations of the auditors. Both the companies’ law and the auditors, and accountants, law empowered auditors with sufficient authority to investigate the board of directors’ actions in running the affairs of the company. In addition, in order to make sure that auditors are performing their duties, both laws forbid them from certain actions that may contradict with their duties. In the second section, the civil, criminal and administrative liability was examined. An auditor assumes contractual liability toward the company and its shareholders. In addition, creditors and other third party persons may claim damages from auditors based on tort, provided that they prove that they have suffered loss from their actions. The quantification of damages in both cases is based on actual loss sustained, in addition to lost profit. An auditor may face a three - year imprisonment penalty if it was proven that he deliberately or through gross negligence presented or certified wrong information in his audit reports. Finally, this paper has examined all relevant provisions that are related to auditors’ liability under Jordanian Laws. Some recommendations were made.
The efect of "prince act theory" in maintaining the financial balance in the Fedic contract : analytical and applied study
This research tackles an important practical issue and, at the same time, gains the attention of contractors with the public administration, i.e. exploring the effect of the Prince Act Theory in maintaining the financial balance in the FEDIC Contract- an analytical and applied study. The research is divided into three chapters. The first gives an introduction to the concept of the Prince Act Theory, and the second focuseds on the application of the Prince Act Theory to FEDIC contract. The third chapter is dedicated to settlement of disputes that arise from applying the Prince Act Theory to FEDIC contract. The research has concluded that the technical aspect overweighed the legal aspect in drafting the FEDIC contract. Furthermore, it was noticed that there was a confusion in using several legal concepts that relate to the Prince Act Theory. Based on these conclusions, some recommendations were adopted to put the FEDIC contract in its correct legal frame in relation to the effect of the Prince Act Theory
The unique nature of offer and acceptance in the electronic contracting : a comparative study between Jordanian and Bahrain law
This study aims to examine the adequacy of the provisions contained in the Jordanian Electronic Transactions Law and the Bahraini Electronic Commerce Law in governing electronic contracts. It further seeks to assess the sufficiency of these provisions in regulating electronic offer and acceptance, determine the extent to which recourse to the rules of civil law remains necessary, and evaluate the need for the enactment of legal rules different from those currently in force. The study concludes that certain general principles of civil law are suitable for application in the field of electronic contracting, whereas others are not. It also finds that the legislative frameworks governing electronic contracting in both Jordan and Bahrain have, in general, not introduced substantially new legal rules and that each legal framework contains certain legislative gaps.
Mediation on the hands of the mediator judge : the concept, importance and procedures an appraisal study under the regulation of the Jordanian law
This research deals with 2006 the issue, of Mediation on the Hands of the Mediator Judge, in Jordanian legislator a law regulating mediation as an alternative to the litigation process. This law has created a certain type of mediators called “Mediator Judges”. The legislator has drawn the procedures that are to be followed to bring the case before this type of mediators. Furthermore, he also hied to lay down the powers and abilities of this type of mediators, in terms of what he can and cannot do, in order to achieve his assigned tasks, after, Generally, defining mediation and showing how to distinguish it is from the most important methods of dispute resolving processes, this research has mainly dealt with the regulation made to this type of mediators (Mediator Judges). The research has found that the Jordanian legislator has had for six decades ago), approved the work of judges as mediators. This was seen in the Jordanian lowest ranked court (the Court of Reconciliation). By illustrating all aspects of “Mediator Judges”, within the laws governing both the Courts of Reconciliation and the Civil Mediation, the research has concluded that the Jordanian legislator is required to carefully address certain matters within the existing regulation, in order to achieve a regulation that gives a higher level of justice.
Enforcement of nullified foreign arbitral awards under the New York convention on recognition and enforcement of foreign arbitral awards 1958 : a critical study to the USA and France court decisions
The main of this research is to examine the New York Arbitration Convention position with regard to the possibility of the enforcement of foreign arbitral awards which have been nullified or set aside by the national courts of the seat of arbitration. The paper examines the interpretation of the relevant provisions of the convention in light of the court decisions in both possibility, and to discuss also the unpleasant consequences of that possibility to the international public order and international comity.
Genetic analysis of an accused : acomparative study
This study deals with the restrictions imposed on genitic analysis The study, sheds light on the definition of genitic analysis, its importance, and the legality of this procedure, also discusses the legal nature of genitic analysis in the penal procedures. In this paperm I have presented the implement of this procedure in other countries like Canada , Holland, and Germany. As the result of the absence of the legal organizing of genitic analysis in Jordan, I tried to clarify the general restrictions we apply when we imply the procedures keep in mind that the Jordanian court of cassation considers the procedure and considers it as decisive evidence.
The Legal Foundation of Criminal Responsibility of AI-Enabled Crimes According to the Jordanian Law: Analytical Study
This study examines the criminal responsibility and legal foundations of the principal perpetrators (the AI producer, the final user, and their minions) for AI-enabled crimes, and identifies the legal dilemmas facing criminal responsibility for AI-enabled crimes under Jordanian criminal law. One of the most important of these dilemmas is the call to grant AI legal personality, thereby conferring criminal capacity. Accordingly, this study adopts a descriptive-analytical approach. This study concludes that several outcomes are possible, the most important of which is establishing criminal responsibility for the principal perpetrator of foreseeable AI-enabled crimes. It is legally groundless to hold the principal perpetrator criminally accountable for unforeseeable AI-enabled crimes. It found that the jurisprudential call to grant AI, per se, legal personality and criminal capacity, and thus to bear criminal responsibility, is legally groundless. Ultimately, this study recommends that legislative intervention address several legal loopholes, such as cases involving crimes committed by artificial intelligence without the principal perpetrator's intent. The need for regulatory foundations for the production and use of artificial intelligence to establish a form of presumed liability for transitive intent crimes committed by artificial intelligence.
Copyright (c) 2025 Jordanian Journal of Law and Political Science
Harmonization of Jordanian Legislation with the United Nations Convention against Corruption: The Crime of Bribery as a Model
The United Nations Convention against Corruption is considered one of the most important international legal documents that seeks to unify efforts in criminalizing acts of corruption, including traditional and new forms of bribery. Among these forms introduced by the Convention are bribery committed by foreign public officials, officials of international organizations, and bribery in the private sector. This research came to address the extent of harmonization of Jordanian penal legislation with these international obligations, through analyzing relevant national laws, primarily the Penal Code, the Integrity and Anti-Corruption Law, and the Economic Crimes Law. The research concluded that there are legislative gaps in Jordanian law, most notably the failure of the Penal Code to criminalize bribery committed by foreign public officials or officials of international organizations, as well as bribery in the private sector, contrary to the provisions of the international Convention. In contrast, the Integrity and Anti-Corruption Law addressed some of these shortcomings through explicit provisions, but it did not adequately address the issue of bribery in the private sector. Therefore, the research recommends the need to amend the Penal Code to include explicit criminalization of these forms of bribery, expanding the scope of criminalization in the private sector, and re-examining the prescribed penalties to ensure their effectiveness and compatibility with international standards.
The Legal Admissibility of Suing Tobacco Companies for Smoking-Related Damages Under Jordanian Law: The U.S. Litigation Experience as a Model
Smoking is a lawful act falling under the domain of personal freedoms protected by law; however, personal freedoms are not absolute and vary in their significance. The right to life takes precedence over the mere enjoyment of freedoms, with a strong, intrinsic connection between the right to life and the right to health. Smoking is widely regarded as one of the most dangerous health threats, and thus indirectly to life itself. This issue presents an unconventional challenge requiring innovative approaches for mitigation. Notably, the American experience in litigating against tobacco companies for the harm caused to smokers offers a non-traditional approach that complements public health initiatives in combating harmful tobacco use. Despite the differences between the legal systems in the United States and Jordan, Jordanian smokers may base their claims against the Jordanian tobacco industry on legal and procedural grounds similar to those applied under American law. Pursuing legal action as a means of compensating for smoking-related harm would not only support Jordan's healthcare system but also reveal legislative gaps within the Jordanian Civil Code and other relevant laws that may obstruct smokers' claims against the tobacco industry, thereby allowing for necessary legislative improvements.
The defence of duress in commercial instruments upon endorsement: between purge and non-purge in the Jordanian legislation
The enactment of the law stating that endorsement constitutes purge of defences to commercial instruments is of pivotal importance in strengthening confidence in these instruments and enabling them to perform the functions of payment and credit. However, it is not absolute, and there are exceptions to it. This research focuses on the defence of duress and clarifying whether it is considered one of the defences that accept purification or not in Jordanian legislation. The research concludes that this defence is included in the ranks of defences that do not accept purification, which is considered contrary to the prevailing jurisprudential and judicial orientation. It is recommended that the defence of duress be considered one of the defences that are not explicitly purified by endorsement. The descriptive analytical approach was employed, and the comparative approach was resorted to when necessary.
The Role of Political Parties in Promoting Political Participation in Jordan (1989-2024)
This study aims to analyze the causes and factors that lead to the weakness of the practice of partisan work in Jordan, and to show the impact of the representation of political parties in parliaments on political participation by analyzing the extent of the influence of political parties on the levels of political participation in Jordan. To achieve the objectives of the study, the descriptive and analytical approach was relied on to describe the reality of political parties in Jordan, and to analyze their organizational structure, objectives, programs, and their ability to influence the political field. In addition to analyzing the level of political participation in Jordan, and the factors that hinder or support this participation.And also relying on the systems analysis approach to understand the relationship between political parties as part of the political system, and the rest of the political and social components by analyzing the roles played by parties in promoting political participation in Jordan, which explains this through the components of the system and its adaptation to the surrounding environment. The study found that the weak organization of parties and the decline in their effectiveness are negatively correlated with the level of citizen participation in the political process. The results showed that more organized and active parties have greater popular participation, which enhances the effectiveness of political participation and broadens the voter base. In addition to the lack of confidence among citizens in political parties as a result of their weak organizational performance and lack of actual representation of community issues, which negatively affects political participation and increases the phenomenon of reluctance. The study concluded that there must be a reduction in the number of political parties by merging them with other parties so that they are right, center and left, which makes citizens join political parties because there will be competition between parties to reach power and formulate their programs in a way that meets the requirements and needs of citizens.
The Extent of the Telecommunications Company's Commitment to Informing the Beneficiary and the Penalty for Breach in Jordanian law: A Comparative Study with Egyptian and French law
The study addresses the extent to which the telecommunications company, the service provider, is committed to informing the beneficiary of their mobile phone subscription, given that the beneficiary is the weaker party to the contract. It also outlines the penalty for breaching this obligation. The study explores this by explaining the concept of the obligation to inform in the mobile phone subscription contract, and the difference between the obligation to inform before contracting and the obligation to inform after contracting, given that the contract involves technical matters that are difficult for many beneficiaries to grasp. The study also establishes the legal basis for the obligation to inform and examines the civil and criminal penalties for breaching this obligation under the contract. The study concludes that the Jordanian legislator explicitly affirms the service provider's obligation to inform the beneficiary, similar to what the Egyptian and French legislators stipulate. This is to ensure their right to understand the nature of the services and their obligations, promote transparency, and protect the rights of subscribers in the telecommunications sector. The researcher recommends the establishment of a flexible legislative and legal system with a high capacity to accommodate the ongoing changes and developments in the field of mobile phone services. This system should be able to regulate all provisions and implications of contracts from the moment they are concluded until their implementation, with a particular focus on telecommunications companies' commitment to providing information. Clear and effective civil and criminal penalties should be established if companies fail to comply with this commitment. This aims to protect the rights of beneficiaries, promote the principle of transparency, and ensure the implementation of penalties, thus enhancing trust and ensuring fairness in the telecommunications market.
Flexible working hours in the public service: a comparative study between French law and Jordanian law
The modern development in public administration requires the use of some of the prevailing work concepts in the private sector, including flexible work, which has become one of the basic matters for performing public services, especially in emergency situations. What facilitates flexible work in the public service is the development of means of communication that helps facilitate the task of the administration's work so that work can be performed from a place outside the framework of the places designated for official work. This study came to show the extent of flexible work in the public service in French law and Jordanian law, as this study shows the concept of flexible work in the public service and the forms of flexible work, which are flexible working hours, part-time work, remote work, and shift work. The most important conclusion of the study is the need to activate the systems related to flexible work in the job by the administrative authorities and encourage employees to do this type of work by training and qualifying employees, and showing the benefits of this system and its impact on management and employees.
Contractual Ownership provisions in the Jordanian Law on Securing Rights in Movable Assets
Within the provisions of the Law on Securing Rights in Movable Assets, the Jordanian legislator has addressed the issue of contractual ownership of collateral as the most prominent legislative amendment according to this law. The law approved the validity of collateral ownership upon the maturity of the secured obligation, contrary to the general legal principles, which establish the nullity of any agreement granting ownership of pledged assets, and thus making a qualitative amendment in the light of real securities. This study examines the concept of contractual ownership by analyzing its definition, legality, and legal nature in the Jordanian civil law and the law of security rights in movable assets. It also explores the legal framework governing ownership agreements concerning collateral, detailing their conditions, safeguards, and the legal procedures for acquiring the collateral. The study concludes with several findings, the most significant of which is that the Jordanian legislator approved legal provisions concerning ownership, which represented a qualitative step forward, as it permitted agreements between the grantor and the secured party regarding the transfer of collateral ownership after the due obligation. However, the legal guarantees provided are limited and do not adequately address the associated risks or ensure sufficient protection. Also, it is clear that there is a legislative absence, as the legislator did not outline the mechanism followed in offering ownership, which would increase the chances of exploitation by the guaranteed party, causing harm to the guarantor and violating contractual justice. The study recommends amending the law to establish a clear legal framework for contractual ownership agreements and bridging legislative gaps related to ownership procedures by incorporating explicit legal provisions outlining the mechanism for enforcing such agreements to ensure balance and protect rights.
The Possibility of Considering Emojis as a Legal Means of Expressing Will in Electronic Contracts
This legal research addresses the topic of contracting using emojis; emojis are considered a tool for communication and may be used to express the Will to accept or reject. However, the frequent use of these symbols may lead to several legal issues, as emojis can be interpreted in multiple ways or understood differently, which may result in ambiguity in contract interpretation. This research discusses the idea of using emojis in electronic contracts and the extent to which these symbols can be considered a legal means of expressing intent in Jordanian legislation. The researcher used the descriptive method to explain the concept of emojis and their areas of use, in addition to the analytical method when reviewing and analyzing legal texts, as well as the comparative method to present and discuss judicial rulings issued by foreign courts on the subject of the study. At the end of the research, the researcher reached a series of conclusions and recommendations, the most important of which is that emojis can complement legal texts. However, they should not replace them, as ambiguity in interpretation may lead to legal disputes or problems in contract execution. Language remains the most precise and transparent means of defining contractual obligations and intentions.
The effects of mortgaging moral movables for the mortgagor in Jordanian law: a comparative study
This study deals with the issue of the effects of mortgaging moral rights for the mortgagor in Jordanian law. Perhaps the study of this topic is characterized by special importance because moral rights have a special legal nature, as they involve two parts, a moral part and another financial part, which makes mortgaging them in light of the presence of these two parts of a special nature and increases. The importance of this topic in light of the issuance of the Law on Guaranteeing Rights with Movable Property No. (20) of 2018, as it became one of the. It is necessary to determine the nature of this mortgage, whether it is an insurance mortgage, a possessory mortgage, or a mortgage devoid of possession (subject to publicity). The importance of the research lies in that it clarifies the effects of mortgaging moral movables for the mortgagor. Does the mortgagor have the right to dispose of the mortgaged money, and does he still have the authority to use and exploit it? In this research, we conclude with a set of results and recommendations, the most prominent of which is that the laws under study approve that the content has the right to track the mortgaged moral rights in whatever hand they are if they leave the hands of their owner, provided that their right to confront others is effective. The person to whom the moral rights are transferred does not have the right to invoke the rule of possession by the movable title deed. We hope that the Jordanian and Egyptian legislators will arrange a penalty for breach of the obligation to maintain the guarantee, as the civil penalty may be different. It is often sufficient, especially if the guarantor is in bad faith and deliberately destroys the guarantee and detracts from its value.
The Muslim Brotherhood and the Jordanian Political System: A Study in the History of Political Relations and Interactions
This study examines the evolution of the relationship between the Muslim Brotherhood and the Jordanian political system over the course of eight decades, from the group's founding in 1945 to 2025. It aims to analyse this relationship within the context of both regional and local political and social transformations, offering an interpretation of the nature of interactions between the two actors—whether during periods of alliance, tension, or rupture. The study employs a historical methodology to trace developments across successive periods while also utilising the Political Opportunity Structure framework to analyse how the Brotherhood advanced or declined in accordance with the degree of political openness, the stability of elite alliances, and the availability of external support. The study is divided into three main phases: the Alliance Phase (1945–1988), characterised by strategic cooperation and convergence between the Brotherhood and the regime; the Tension Phase (1988–2015), marked by growing discord due to internal political shifts and regional upheavals; and the Rupture Phase (2015–2025), culminating in the outlawing of the group and the criminalisation of affiliation with it amid heightened security and political tensions. Findings reveal that the relationship between the Brotherhood and the Jordanian regime has been a complex and dynamic one, influenced by internal factors such as government policy and electoral processes and by external elements including regional transformations and global conflicts. While the Brotherhood has at times demonstrated a high degree of adaptability, it has also experienced sharp declines due to restrictive state policies, internal fragmentation, and shifting regional dynamics. The study emphasises that a nuanced understanding of the Brotherhood–regime relationship requires an analytical approach that integrates historical analysis with the explanatory lens of political opportunity theory while also considering the legal, social, and security dimensions that have shaped the trajectory of this relationship. This study holds particular significance for researchers and policymakers seeking to understand the evolving political landscape in Jordan and the region, as well as to anticipate the future of Islamic movements in light of both domestic and international developments.
Violation of neighborhood obligations under the enforced legislation in the West Bank
Objectives of the study: Raising the issue of the neighbourhood has special importance in the West Bank within the framework of objective and source legislation, some of which date back to the era of Ottoman rule and British Mandate; the direct reason for choosing the topic and treating it in order to solve the primary forms of extension. To what extent is there a window of systemic effectiveness in addressing the issue and clarifying the standards adopted under these legislations in determining the neighbour responsible for damages, as well as the standards for determining damages that constitute legal liability? Methods: The study relies on descriptive and analytical approaches. Results: The study concludes, through analysing the legal texts, that the laws dealt with the issue in general but did not keep pace with developments related to it. This means that the legislation regulating the issue of neighbourhood needs to be developed to include what is new in the subject, especially what relates to identifying responsible neighbours for liability arising from damages. The scientific value: After addressing the research problem and answering its questions, it will serve as a starting point for researchers and stakeholders, especially Palestinian legislative decision-makers, in addressing the shortcomings surrounding the applicable legislation. The study offers recommendations for legislators to clarify in clear text that they bear responsibility for the damage.
The necessary procedures for implementing the pre-prepared reorganization plan in the Jordanian insolvency law
During the preliminary stage، the legislator establishes a process that debtors can follow to avoid insolvency before it occurs، which involves reorganisation according to a pre-prepared plan. Accordingly، if the debtor is almost insolvent during a specific period، the legislator allows them to submit a plan proposal، in which they demonstrate a mechanism for reorganising their business and thus surpass insolvency. The plan must be accepted by a certain number of creditors or a specified percentage of them and approved by the court. The pre-prepared reorganisation plan، whose provisions are regulated by the legislator during the preliminary stage، is considered a mechanism used by a debtor to rescue his economic activity from insolvency، where he gains more benefits and maintain his income resource، the employees maintain their jobs and income resource، and the creditors ensure returning the highest ratio of their debts and the national income also gains high benefits from that. In this study، the researcher demonstrates the reality of the pre-prepared reorganisation plan and its relationship with the preliminary stage and the usual reorganisation plan، as well as the role of each party in this plan، based on three requirements. The first requirement addressed the position of the pre-prepared reorganisation plan in relation to the preliminary stage. The second requirement addressed the overlap between the pre-prepared reorganisation plan and the usual reorganisation. In contrast، the third requirement addressed the situations in which the pre-prepared reorganisation plan is applied. The study concludes with several key findings، including the importance of insolvency law in protecting the rights and interests of debtors that have been overlooked by the cancelled insolvency provisions، as well as in preserving the rights of creditors and the national economy. The study recommends paying more attention to qualifying the insolvency agent due to his prominent role in the pre-prepared reorganisation plan. The study also presents additional results and recommendations، which will be discussed in this section.