The status of the illiterate person in the law "a comparative study"

Abstract

The idea of ​​balancing between the legislator’s respect for the person’s inner will, being the real will that must be respected, and his desire to bring stability and reduce conflicts, is one of the most controversial issues, and the legislator in this seeks to achieve several interests, including, protecting personal interest taking into account the phenomena of things and facilitating dealings between people And because it is impossible to verify a matter or it is impossible to prove it, and that one of the forms of this inability is the case of the illiterate who, by nature, does not know the content of the written documents that he signs in particular, and that the Jordanian legislator has organized special protection for the illiterate person in some actions without others. And I am proceeding in this research, to set the term illiteracy linguistically, idiomatically and legally, with the intention of facilitating dealing with this term every time a legal problem is presented due to the existence of the state of illiteracy It reviewed the views on language and Islamic jurisprudence, which is a source of Jordanian law, to the extent necessary to understand the texts of the Jordanian civil law. Then, I moved on to review the comparative legislation that dealt with this problem, and I chose the Tunisian and Moroccan model, since the age of the texts related to the subject of illiteracy is long, and they have accumulated sufficient knowledge and diligence to put forward legislative and jurisprudential definitions, which I will review with the aim of reaching the desired results of this research, God willing.