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 / Higher Council for Science and Technology 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)
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 Public Prosecutor’s Decision to Prohibit Publication at the Preliminary Investigation Stage: Between Alleged Unconstitutionality and the Imperatives of Electronic Administrative Control.”
This study examines the Public Prosecutor’s decision to impose a publication ban during the preliminary investigation stage, as one of the most sensitive issues relating to the balance between the requirements of criminal justice and the protection of public rights and freedoms, particularly freedom of opinion and expression, freedom of the press, and the right to access information. The significance of this topic lies in the fact that confidentiality is the governing principle of preliminary investigations, as it serves to protect the proper administration of justice, uphold the presumption of innocence, and prevent undue influence on judges and witnesses. However, the expansion of publication ban orders, especially within the digital environment, raises serious concerns regarding their compatibility with constitutional guarantees and international standards relating to freedom of expression and the circulation of information. Accordingly, the study addresses the legal basis of publication ban decisions, the limits of their legitimacy, and the extent to which they conform to the Jordanian Constitution and relevant international instruments. It also explores their relationship to the concept of electronic administrative regulation in light of technological development and the wide-reaching impact of dissemination through digital media. The study adopts an analytical and comparative methodology through an examination of the relevant Jordanian legal texts, particularly the Penal Code and the Press and Publications Law, while also drawing, where appropriate, on selected applications from Egyptian and French legislation. The study concludes that publication bans may constitute a legitimate exception where they comply with the requirements of legality, necessity, proportionality, and specificity. Nevertheless, the absence of precise legislative controls and the breadth of discretionary authority in imposing such bans may lead to an overreach beyond their intended purpose, thereby necessitating legislative reform capable of achieving a proper balance between safeguarding preliminary investigations and protecting constitutional freedoms within a state governed by the rule of law.
Copyright (c) 2026 Jordanian Journal of Law and Political Science
Jurisdiction of Joint Property Removal Committees
Real estate ownership may be joint, meaning multiple owners own a single property. It may also be individual ownership, limited to a single owner. Typically, using a property owned by a single person is easier and more convenient than using a property owned jointly. Dividing a joint property is done by agreement between the owners. If an agreement is not possible, the joint property is divided by the conciliation courts, regardless of its value. The courts previously applied Law No. (48) of 1953. The Real Estate Law repealed this law No. (13) of 2019. Pursuant to this law, the jurisdiction to divide a jointly owned property in the event of a disagreement between the partners was transferred from the conciliation courts to the Joint Property Removal Committees. The Real Estate Ownership Law and the Real Estate Joint Ownership Removal Regulation stipulated the jurisdiction of the Real Estate Joint Ownership Removal Committees. This study addresses the rules governing the formation of joint ownership removal committees, their nature, the justifications for their establishment, the procedures governing their work, and their jurisdiction to dispose of jointly owned property and divide it among the partners. The study reaches several conclusions, including a conflict between the provisions governing the committees for the removal of joint ownership in real estate and their jurisdiction in the Real Estate Ownership Law, and the provisions regulating the same subject in the regulations for these committees. Furthermore, there is a legislative deficiency in some provisions. For example, the Real Estate Ownership Law and the regulations on the removal of joint ownership in real estate stipulate that the parties who have seized or mortgaged the property subject to the partition request must be notified, without specifying the legal consequences of such notification. Additionally, the determination of jurisdiction for implementing the provisions for the removal of joint ownership in real estate is inconsistent and unstable, whether the jurisdiction lies with the Director General of the Land and Survey Department, the Director of the relevant Registration Directorate, the committee for the removal of joint ownership in real estate, or the head of the committee, as detailed in the study.
Enforcement of Foreign Insolvency Judgments under the Jordanian Insolvency Law of 2018: An Analytical Study
Initially, the Hashemite Kingdom of Jordan applied the principle of territoriality in bankruptcy matters, a stance rooted in the principle of sovereignty. It formulated its legal rules in accordance with the demands of the public interest and, as a result, rejected the recognition and enforcement of any foreign bankruptcy judgment unless the foreign state was bound to Jordan by an agreement for the purpose of enforcing such judgments. However, the imperatives of international judicial cooperation required the legislative framework to be amended to align with the requirements of international commerce. This was achieved by adopting an approach based on the UNCITRAL Model Law on Cross-Border Insolvency for the purpose of enforcing against a debtor's assets scattered across the territories of different countries, thereby protecting the interests of creditors. Despite the numerous justifications and benefits for adopting specific provisions in the area of enforcing foreign insolvency judgments, this study's core problem lies in evaluating the capacity of the legal provisions within the Jordanian Insolvency Law to achieve the very objective the Jordanian legislator sought to realize. This objective is the desire to build bridges of judicial cooperation with foreign judicial authorities to ensure the effective recognition and enforcement of foreign insolvency judgments, and to determine whether this effectively serves the interests of creditors. For the purpose of addressing this problem, this study adopted an analytical and comparative approach, with a specific focus on the UNCITRAL Model Law on Cross-Border Insolvency, which sets out provisions for international insolvency. The study reached several conclusions, among which was that the Jordanian legislator has made clear legislative efforts to adopt an integrated framework for international insolvency. However, this approach requires continuous review to keep pace with the rapid developments in the field of cross-border insolvency. The study also put forward a number of recommendations, including the addition of a new paragraph to Article (2) of the Insolvency Law, to read as follows: "In the absence of a debtor's center of main interests in the Kingdom, jurisdiction shall lie with the court in whose territorial jurisdiction any of the debtor's assets are located."
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
Punitive Compensation as a Sanction for a Profitable Error within the Scope of Civil Liability: A Comparative Analytical Study
This study examines the issue of "profitable tort" and punitive damages as contemporary mechanisms within Latin legal systems, with a particular focus on Jordanian and French law; it contrasts these systems with the Anglo-Saxon approach, which has long recognized punitive damages as an effective deterrent against unlawful conduct that generates unjust enrichment at the expense of others. The research highlights the limitations of traditional civil liability rules, which typically confine compensation to the principle of full indemnification, without considering the gravity of the misconduct or the intent to profit from it, this allows wrongdoers to retain illicit gains even after providing compensation, the findings reveal a notable legislative inertia, especially within Jordanian law, in addressing this type of behavior, this contrasts with French jurisprudential and judicial efforts to reinvigorate the punitive function of civil liability, the study recommends amending Jordanian legislation to explicitly incorporate punitive damages as a sanction distinct from traditional compensatory damages, within specific parameters applicable to cases of profitable tort, this would serve to deter illicit profit-seeking behavior and promote preventative justice, particularly given the increasing prevalence of such acts in practice.
Constitutional Review Criteria: An Analysis of the Legislative Framework and Jurisprudence of the Jordanian Constitutional Court
The Constitutional Court in Jordan specializes in overseeing the constitutionality of legislation under specific conditions. This study aims to clarify the limits of this oversight by analyzing the legislative framework governing the conditions for texts subject to the court's review and the court's application of these conditions in its rulings. The study employs an analytical approach and concludes with several key findings, most notably that the court does not review repealed laws and regulations, even if they are applicable in cases before the courts. Additionally, the court does not review the constitutionality of subsidiary legislation. The study recommends the need to interpret Article (59) of the Constitution in a way that aligns the court's jurisdiction with the philosophy of constitutional oversight and other constitutional provisions.
Insolvency in Administrative Contracts under Jordanian Legislation: An Analytical Study
This study examines the legal effects of insolvency in administrative contracts under the Jordanian legislative framework, focusing particularly on the implications of declaring the insolvency of a contractor dealing with a public administration. It analyzes Article (32) of the Jordanian Insolvency Law No. (21) of 2018 and explores how such declarations impact the validity and continuity of administrative contracts. Using a descriptive-analytical methodology, the study highlights both the legislative text and relevant international standards, as well as legal scholarship. The findings reveal shared interest between public administration and insolvent contractors in preserving the contractor’s economic activity to ensure the uninterrupted functioning of public services. Article (32) provides a general rule that insolvency alone does not automatically terminate administrative contracts, provided the contractor’s economic activity continues. However, it also grants the administration discretionary power to terminate the contract where objective risks are identified. The study recommends creating a dedicated chapter within the Jordanian Insolvency Law to address insolvency in administrative contracts, in recognition of their special legal nature. It also urges legislators to limit the administration’s discretionary authority by linking it to clear and verifiable indicators of risk, to prevent arbitrary contract termination.
Sale of Movable Property by Catalogue and Designs and Distinguishing it from Sale by Sample: A study in light of the Majallat al-Ahkam al-Adliyya and Jordanian Civil Code
This study aims to demonstrate the essence of sale by catalog and various traditional and electronic designs, the differences amongst these means, the rights granted to the buyer if the sale is proven not to conform to the catalog and sample offered, and the appropriate legal foundation for exercising these rights in light of the Jordanian Civil Law and Majallat al-Ahkam al-Adliya. The study adopts the descriptive, analytical, and comparative approach by presenting the relevant legal texts and analyzing them in light of the opinions of jurisprudence, the intention of the legislator, and judicial rulings. The study concludes that the provisions of sale by sample apply to fungibles. In contrast, the catalogue and designs are suitable for expressing the subjectivity of the non-fungibles and their distinguishing characteristics from others. Therefore, the application of the rules of sale by sample must be limited to its objective scope without extending it to non-fungibles that remain subject to the general rules in contract theory and the special rules related to the designation of the subject matter of sales and its knowledge by the buyer. The study recommends that the Jordanian legislator amends the provisions of articles (467, 469) of the Civil Code, by changing the term fraud “Tadlīs” in former article to deception “Taghrīr” and by deleting the reference to the non-fungibles’ sale in the latter article, since it is more appropriate to subject the conditions of its designation to the general rules on the subject matter of the contract, and the special rules regulating the condition of the buyer’s knowledge of the sold item.
Criminalization of Witness Tampering in Penal Legislation: A Comparative Study
The obligation of a witness to provide truthful testimony before the judiciary، under penalty of law، requires legislators to protect against any attempts to influence their testimony. False information presented by a witness during their testimony before the judge can mislead justice، obstruct its course، and result in rulings that contradict reality and truth. Therefore، this study seeks to examine the stance of comparative penal legislations on the criminalization of tampering and their punitive policies in this regard. To address this issue، the descriptive analytical comparative methodology was employed by examining the position of criminal legislation، which varied in this regard. The study explores the positions adopted by different penal legislations، which differ in this regard. Some criminalize witness tampering through independent provisions with specific penalties، while others criminalize witness tampering by incorporating it under perjury or bribery-related offenses. While other legislations have overlooked criminalizing tampering with witnesses through special provisions، instead criminalizing it by means of public means. The study concludes that it is important to establish penal provisions that protect the integrity of justice from any possible distortion caused by witness tampering، establishing penalties commensurate with the act committed، in line with the French legislator and the legislation that followed its approach. Alternatively، the legislation may refer the penalty to similar crimes such as perjury or bribery، similar to the Egyptian legislation، rather than only criminalizing the witness tampering by public means، as is the case in Jordanian legislation.
Authenticity and Renewal in the Formulation of Legal Norms: Qatari Legislation as a Model
This study addresses the dilemma of reconciling authenticity and renewal in the formulation of legal norms through an analytical examination of the relationship between religious and moral constants and contemporary variables, with a focus on Qatari legislation as a case study. It begins with a central question regarding the legitimacy of modifying or overriding foundational principles when drafting new legal rules within a legal system grounded in Islamic Sharia. The research emphasizes the need to balance the demands of a changing reality, particularly in financial transactions, with adherence to religious constants, in a manner that ensures both the legitimacy and effectiveness of legislation. It highlights the role of the legislator in addressing emerging legal issues through disciplined ijtihad mechanisms inspired by the jurisprudence of contemporary issues (Fiqh al-Nawazil), while considering societal evolution. The study underscores the importance of adapting legal texts to the social context, utilizing persuasive and deterrent tools to ensure compliance without compromising societal values. It concludes that the success of legislation is contingent upon its harmony with the religious and cultural identity of Qatari society. Accordingly, it advocates for a balanced legal framework rooted in established religious and ethical principles, drawing cautiously on comparative legal experiences, while maintaining cultural sensitivity throughout the legislative process.
The Impact of Administrative Revocation of Individual Administrative Decisions on the Legal Status of Public Employees Outside the Scope of Public Office: The Employment Contract as a Model - An Analytical Study in Jordanian Legislation and Jurisprudence
This study aims to clarify the concept and scope of the administration’s authority to revoke individual administrative decisions and to examine the legal effects of such revocation on employment contracts, particularly in terms of acquired rights and the extent to which a public employee can perform the employment contract. The study adopts a descriptive and analytical approach by outlining the relevant concepts, analyzing the legal provisions outlined in the Labor Law, the Human Resources Management System in the Public Sector, and examining judicial precedents and scholarly opinions related to the subject matter. The study concludes with several key findings, most notably that a public employee’s inability to perform the employment contract after the administration revokes its decision approving their employment renders the contract impossible to execute. Consequently, the contract is deemed legally terminated and rescinded by operation of law, and the employer has no right to claim compensation for the employee’s cessation of work. The study recommends several measures, including amending the Public Sector Human Resources Management System No. 33 of 2024 and its amendments to account for employment contracts concluded between public employees and private employers. The provisions of the Labor Law should govern the termination of such contracts, and the revocation decision should be issued based on the recommendation of the committee responsible for assessing the public employee’s status.
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.