Jordanian Journal of Law and Political Science

Extent to which the property's occupants are legally protected from the effects of auction

بتول معايطة — 2023-03-30

This research has dealt with the legal protection of property occupants from the effects of auction sales and may be of particular importance since the lease is a time contract in which time plays an essential role. and the importance of this subject is heightened by legislative amendments to the property occupants' rights, The protection of the rights of the occupants of the property and the impact of legislative intervention on the rights of this group, and the lack of established jurisprudence to resolve the dispute, have become necessary.

We have concluded this research with a number of results, notably that the legislator provides the tenant with protection through legal extension so as not to remain under the will and will of the lessor. It also considers as a manifestation of the lawmaker's protection of the tenant that he cannot be obliged to evict the wage unless there is a case of evictions identified exclusively, they may not be evicted for auction. We hope that the legislature will make an amendment that will eliminate ambiguity and end the controversy with a clear text that will give the judiciary a justification that can be invoked with stable diligence

Judicial Litigation of the State in Civil Cases and the Extent to which it Detracts from the Principle of the Procedural Equality between Opponents.

Dr. Khalid R. Samamah — 2023-03-30

The principle of equality before the courts is one of the most important guarantees of a fair trial in the judicial system, because equality is closely related to justice that cannot be achieved between litigants unless the judiciary is keen to apply this principle in terms of the application of the substantive and procedural legal rules to the case entertained, whereby all parties to the litigation have equal opportunities whenever their circumstances and their legal positions are being equal. In fact, we have seen that the Jordanian legislator deviated from this principle in certain cases for considerations related to the public interest. Yet, and among these cases if the state is an opponent in the case as its function and public policy require it to maintain the public interest. In fact, it has become clear to us that the legislator’s deviation in these cases as it is not considered a violation of the principle of equality between the litigants as long as there is no discrimination between the litigants on account of gender, religion, race, language or a distinction in rights and duties between opponents, and that the reason is regulatory and in order to achieve the public interest while his does not violate the principle of equality.

Religious Extremism in the Middle East - Yemen Crisis Case Study

Rashed Ahmad Alhinaiti — 2023-03-30

The main purpose of this research paper is to investigate the reasons for religious extremes in Yemen and how this could affect the stability of Middle East in general. The research intends to answer the following questions: (1) what are the reasons for the Religious Extremism in Yemen? (2) What are the main features of Religious Extremism in Yemen?, (3) What are the implications for the religious extremism in Yemen? The study relies on the analytical descriptive approach. The researcher used the observation tool as a way of observing a particular phenomenon with precision and cares in order to obtain information and record it. The research concludes that some organizations and movements in Yemen were able to operate within the framework of the state, ignoring the social structure that can melt in the furnace of ideological ideas until reaching the furthest point of extremism. Ideological movements were able to influence the religious, political, and social scene in Yemen.

The procedural fraud that justifies the appeal for a retrial according to the Jordanian Civil Procedure Code

Basel M Nawaiseh — 2023-03-30

The idea of fraud is considered to have ethical dimensions that find its applications in a wide range of branches of law, both public and private, without exception. Its range is extended to the Civil Procedure Code, which is the common law for all other procedural laws. These procedural laws vary between judicial and non-judicial; Therefore, they must be protected from the fraud and manipulation of the opponents, which are usually aimed at prolonging the litigation period, depriving rights holders of their rights, or misleading justice for an unlawful purpose, which affects the proper course of justice.

We have concluded that the possibility of applying the principle of cheating spoils everything on the rules of procedure. Especially, since this principle is one of the universal and stable legal principles without stipulating it in the law, as it is a principle linked to the public order. In addition, the methods of cheating are not limited to the illegal behavior of the opponent but extend to include the concealment and lying of the opponent. Therefore, it is necessary for the legislator to intervene to regulate the rules of fraud in the procedures with explicit texts and not to leave them to the general rules.

The effect of writing on the arbitration agreement

ضرغام اولاد محمد (امطير) — 2023-03-30

Arbitration is one of the most important alternative means of dispute resolution because of its speed, flexibility and simplicity. The research aims to clarify the impact of writing on the permanence of the arbitration agreement if it is to be held and its impact if it is for proof. The research found a set of results, the most important of which is that the Palestinian Arbitration Law did not specify the legal value of writing whether it was for agreeing or proof, as the Palestinian judiciary went on to consider writing as a pillar of the arbitration agreement. The study came up with a set of recommendations, the most important of which is to amend the text of article (5) of the Palestinian Arbitration Act by determining the legal value of writing in agreeing on arbitration clearly and explicitly as to whether it is for agreement or proof.

Legal qualification and legal scope of the insolvency agent’s liability (According to the Jordanian Legislation)

Adv. Hatem Yousef Masarweh — 2023-03-30

The researcher put the exposure in this research on some parts of the Civilian accountability of the insolvency agent, standing on the hard ground in which the agent will go throughout all the stages of the Insolvency. And, the summary of the stages of the Insolvency in general, in which it forms the foundation for the General and private quest of helping the insolvent debtor and the creditors and the people who have a relation to the Insolvency.

Also, the researcher pointed for the ground rules of the civilian accountability of the insolvency agent and the status of this accountability, the short responsibility caused by. He is obligated to exercise the care of an ordinary man while exercising his duties, in accordance with the provisions of Jordanian legislation. Accordingly, the researcher reached a set of results and recommendations, the most prominent of which was the need to indicate a type of commitment to the Insolvency agent; this is because there is a task that is required of the insolvency agent.

There is an important fact that also requires the insolvency agent to exercise the prudent man’s right, and accordingly we find that is because there are tasks that require the insolvency agent to achieve a result, and there are also tasks that require him to exercise the care of a prudent man, and accordingly we find that the usual man’s care cannot be applied to all the tasks entrusted to the insolvency agent, and because of this an important role in establishing the responsibility of the agent Insolvency

أثر العدول عن اجتهاد القضاء الإداري في الأردن على الأمن القانوني: دراسة مقارنة

DR hamdi al-kebailat — 2023-03-30

The administrative judge seeks to strike a balance between the parties to the litigation, without excessive protection of the weak party and without excessive protection of the powerful party, as he seeks to regulate the relationship between the legal security of individuals and the principle of legality. The aim of the study was to demonstrate the extreme seriousness of refraining from the jurisprudence of administrative elimination of individuals' legal security, which must therefore be for the utmost necessity and for objective reasons justified.

The study adopted a comparative analytical descriptive approach, in addition to the "inductive" approach, by reaching several parts through a single holistic meaning, namely, the renunciation of administrative jurisprudence, mediated by a common denominator of all and those fragments, which is the relative uncertainty of such jurisprudence in the comparative systems.

The study concluded that there was no consistency between the renunciation of jurisprudence and legal security, and recommended that the retroactive effect of new jurisprudence that constituted a departure from previous jurisprudence should be limited.

The Ideological Turmoil of the Ahbash sect between the Call for Moderation and the practice of Takfir in the political reality: Lebanon, Jordan: a comparative study

فرج الزبيدي — 2023-03-30

This paper discusses the status of the ideological turmoil of the (Ahbash sect), resulting from the contradiction between the discourse of moderation and religious tolerance that they claim in the literature of their public media discourse, and their practice of Takfir (accusing others of infidelity/ blasphemy) with the intention of eliminating the material and moral existence of the other. The paper addresses this issue through discussing: Their approach to atonement (altakfir) and their political reality in some Middle Eastern countries (Lebanon, Jordan, and Ethiopia). The most important results of the study:

The current study showed that Ahbash is a politically and ideologically unpredictable ambivalent group, which enjoys the support of Arab and foreign official bodies that use them as a tool to achieve several political and religious goals, the most important of which are:

- Contributing to the formulation of a new secular Islam (moderate Islam) according to the vision of America, and to promote it among Muslims.

- Confronting political Islamic movements and accusing them of infidelity, especially: (Jamāʿat al-Ikhwān al-Muslimīn (the Muslim Brotherhood), Hizb ut-Tahrir, and Salafism); in order to exclude them and replace them as an alternative Islamic intellectual reference.

The legal effect of gender reassignment operations on civil status\ Analytical study

mohammad alqheiwi — 2023-03-30

This research dealt with the idea of the legal impact of gender reassignment operations on civil status, studying its analysis, and this problem started a long time ago, but at the present time this phenomenon has spread very quickly with the development of science, so that these people are performing surgeries with the aim of converting their sex from Male to female or from female to male, and all of this has an impact on the civil status of the individual, and in the absence of legislative regulation in most Arab countries, including Jordan, and on this basis, I divided the research into three sections, which dealt with in the first section, the nature of gender conversion in Positive law. In the second section, she dealt with the legal regulation of gender transfer in law and Sharia, and in the third section, the concept of civil status and its elements.The researcher used the descriptive analytical method, in order to see the position of the various legal organizations and the position of countries that allow or prohibit gender conversion, and since the Arab trend goes to permitting gender correction and prohibiting gender change.

The researcher reached the most important result and the most important recommendation:

· Whereas, Islamic law analyzes sex-correction operations, when the aim is to treat or correct a congenital defect that afflicted a person, after verifying medical reports and the opinion of specialists.· The researcher recommends working on the issuance of legal legislation regulating the issue of gender conversion, so that we can technicalize this type and control its spread and control, to be a deterrent to reduce it so that it does not become a phenomenon, because the issue is very dangerous and the impact exceeds the person and reaches the community.

Towards a Regularizing the withdraw of judicial Verdicts in Jordanian Law

Jihad AL-JARRAH — 2023-03-30

The problem of the study is that the Jordanian legislator did not organize the theory of withdrawing the judicial ruling as a general theory in the Code of Civil Procedure in terms of its conditions, controls and procedures, the competent court to withdraw the ruling, the legal time limit during which the withdrawal request must be submitted, and the legal implications of the withdrawal.

The study concluded that the legislative basis for it can be found in Article (204/2) of the Code of Civil Procedure, which stipulates one of the applications of the theory of withdrawing the ruling, which is to review the decision of the Court of Cassation or the decision issued to refuse to grant permission in form, although the withdrawal of the ruling has a broader scope than Reconsideration, because reconsideration is limited to the judgments issued by the Court of Cassation, while the withdrawal of the judgment extends to include the judgments issued by the trial court such as the Court of First Instance and the Court of Appeal if they are final and not subject to appeal if the conditions for withdrawing the judgment are met.

The study also concluded that there is another application of the theory of withdrawing the ruling represented in Article (133) of the same law, which stipulates the invalidity of the judicial ruling and the possibility of its cancellation and reconsideration in the event of the existence of a case of incompetence of the judges. Whereas, the Jordanian Court of Cassation, as a judicial precedent, has adopted the theory of withdrawing the judicial ruling and has set a set of legal conditions for that, represented in the fact that the error justifying the withdrawal is a procedural error, not a substantive one, that it is influential in the dispute, that it is not caused by the litigants, and that there is no other legal means to remedy This error.

The study recommended the Jordanian legislator to organize the theory of withdrawing the judicial ruling within the Code of Civil Procedure as an updated general procedural theory and to codify it within legal texts regulating its legal terms and conditions, controls, methods of withdrawal and the legal effects arising therefrom.