Al-Zaytoonah University of Jordan Journal for Legal Studies最新文献

Interpretations of the Modernists in Understanding Texts and Employing Them Under the Pretext of Legal Objectives 现代主义者以法律目的为借口对文本的理解和运用的解读

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.02

Mohammad AL-Atwi

{"title":"Interpretations of the Modernists in Understanding Texts and Employing Them Under the Pretext of Legal Objectives","authors":"Mohammad AL-Atwi","doi":"10.15849/zujjls.221130.02","DOIUrl":"https://doi.org/10.15849/zujjls.221130.02","url":null,"abstract":"Abstract Returning to the claims of the era that appeared in the carrier antiquity, and their movement, and related to the demand for the renewal of religious discourse, a sect of this nation has emerged, and it is capable of re-reading the texts. This study aims to clarify and critique the position of one of the largest contemporary intellectual currents on the purposes of Sharia. The study concluded in a statement and criticism of the position of the modernists regarding the presentation of the purposes over the texts and fundamentalist ills to: that the intentional understanding that the modernists adopted to derive rulings through it is an incorrect understanding as it led them In many deviations through their dealings with the legal texts، and he does not pay attention to the legitimate purposes in isolation from the texts، and the wrong modernist employment of the purposes is an attempt to evade the legal provisions and rebel against the partial texts on the pretext that these provisions are specific to a certain time period and environmental conditions. Keywords: modernity، objectives of Sharia، Sharia texts.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114644819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Relationship between Illegal Immigration and Human Trafficking in light of International Conventions and Jordanian Legislation 从国际公约和约旦立法看非法移民与人口贩运的关系

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.08

Aseel K AbuSara, Majd Abubaker

引用次数: 0

Franchise Contract in Jordanian Legislation: A comparative Study 特许经营合同在约旦立法中的比较研究

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.07

Sajad Alhammada

{"title":"Franchise Contract in Jordanian Legislation: A comparative Study","authors":"Sajad Alhammada","doi":"10.15849/zujjls.221130.07","DOIUrl":"https://doi.org/10.15849/zujjls.221130.07","url":null,"abstract":"Abstract This research study emphasizes the key elements of the franchise contract as a modern contract with which there was no legislative system for its provisions in the Arab countries as a whole. As no Arab legislative system has ever brought up such form of contracts, the researcher applied descriptive, analytical, and comparative methods to achieve the desired goal of this study, which is to address the areas of ambiguity and deficiencies that surrounded it and try to compile its dispersed texts and suggest some solutions that may facilitate the provisions of this contract and work with it in the interest of both parties to the contract. Therefore, the researcher reached for a set of results and recommendations, the most important of which was the presence of some miscellaneous texts related to commercial franchise contracts in Jordanian and comparative legislation despite the absence of a legal system that shows the merits and parts of the franchise contract. As for this matter, the researcher recommends the necessity of regulating its provisions through its own legislative system, and the necessity of imposing penal sanctions anytime a party would violate any breach of the contract. Keywords: Franchise contract, Franchise, Trademark.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127755733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Non-Refoulement of Refugees in International Law 国际法中的难民不驱回问题

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.09

Raghad Almuhaisen

引用次数: 0

Forms of Medical Malpractice in the Civil Liability according to the Jordanian Law 约旦法律规定的民事责任中的医疗事故形式

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.11

E. Karim

引用次数: 0

The UN Security Council’s Practice of Referring Situations and its Impact on the Application of Criminal Justice 联合国安理会情势移交做法及其对刑事司法适用的影响

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.05

Hala Al-Saghir Sarbel

引用次数: 0

Civil Peace of Palestinian Society between the Rule of Law and the Tribal Customary Law Analytical Study” 巴勒斯坦社会内部和平:法治与部落习惯法之间的分析研究

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.01

Mohammad Shtayah

{"title":"Civil Peace of Palestinian Society between the Rule of Law and the Tribal Customary Law Analytical Study”","authors":"Mohammad Shtayah","doi":"10.15849/zujjls.221130.01","DOIUrl":"https://doi.org/10.15849/zujjls.221130.01","url":null,"abstract":"Abstract Human rights are indivisible and are considered as the basis of enjoyment of civil, political, economic, social, and cultural rights. It also ensures safe environment to exercise these rights through sustaining civil peace under the rule of law. Therefore, the researcher utilised the historical and analytical descriptive approaches. The findings confirm: first, that civil peace is a fundamental pillar of sustainable development of societies. Second, civil peace in Palestine is at its worst and at risk. In addition to this, the consequences of the collapse of civil peace in Palestinian society will have serious repercussions on the Palestinian cause. The researcher then reached a number of recommendations to restore civil peace in Palestinian society, some of which are: First, to renounce the culture of violence that sowed hatred and revenge among younger generations. Next, to invite the Supreme Council of the Judiciary to develop judges' skills and legal expertise. Then, to call on judges to expedite the disposition of cases before them to ensure fairness of the justice system. Finally, to call on the Palestinian legislature to codify the relationship between tribal customary law and the rule of law. Keywords: Tribal customary law, civil peace, rule of law, relationship of the tribal customary law and civil peace.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"639 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116340897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Criminal Protection for Witnesses and Whistleblowers of Corruption Crimes in Light of the Jordanian Integrity and Anti-Corruption Law No. (13) of 2016 and its Amendments 根据《约旦廉政和反腐败法》对腐败犯罪证人和举报人的刑事保护。2016年第13条及其修正案

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.13

Malik Al-Hamimat

{"title":"Criminal Protection for Witnesses and Whistleblowers of Corruption Crimes in Light of the Jordanian Integrity and Anti-Corruption Law No. (13) of 2016 and its Amendments","authors":"Malik Al-Hamimat","doi":"10.15849/zujjls.221130.13","DOIUrl":"https://doi.org/10.15849/zujjls.221130.13","url":null,"abstract":"Abstract Testimony and reporting are among the most important means of proof in criminal law. This is because penal articles cannot rely on written evidence to prove all crimes, since it is based on sudden events that occur without prior agreement. Therefore, the researcher divides the study into two sections; the first of which presents the nature of testimony and whistleblowing and its significance in Jordanian legislation. The second section tackles the protection of witnesses and whistleblowers in Jordanian law and international covenants. This research study reached a number of results, most important of which is that there is no provision in the Jordanian Code of Criminal Procedure to protect the witness and the whistleblower from coercion. Despite the Jordanian legislator’s accession and ratification of international conventions related to witness protection, it did not keep pace with the great development stipulated in international conventions. Finally, the researcher recommends that the Jordanian legislator put a provision on protecting the witness from coercion in the Jordanian Code of Criminal Procedure. Keywords: Legal protection, Witnesses, Whistleblower, Jordanian law","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126650881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Images of criminal behavior of Thug crime according to the Provisions of Jordanian legislation 根据约旦法律的规定对暴力罪的犯罪行为进行形象分析

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.06

Hanadi AL-Amadi

{"title":"Images of criminal behavior of Thug crime according to the Provisions of Jordanian legislation","authors":"Hanadi AL-Amadi","doi":"10.15849/zujjls.221130.06","DOIUrl":"https://doi.org/10.15849/zujjls.221130.06","url":null,"abstract":"Abstract The Jordanian legislator was keen to criminalize thug crime under the Jordanian amended Penal Code No. 10 of 2022 by adding a new article, Article (415) bis, after it was found that traditional legal texts are no longer sufficient to achieve deterrence and restraint, as they are limited to certain types of crimes, such as threats, extortion and robbery. This study reached a set of results, the most important of which are: The Jordanian legislator was alerted to the noticeable spread of thug crime and tribute payments in recent years, especially after the case of the Zarqa boy. As this crime intimidated citizens and is seen as a flagrant threat to their security and safety. The best option was to amend the Jordanian Penal Code by adding a text criminalizing thug crime and tightening the penalty to punish anyone who was tempted to infringe on people or their property. The most important recommendations of this study are to appoint a special type of urgent judiciary to consider cases of thug crimes, or making its jurisdiction to the State Security Court, besides allocating their own prisons in reform and rehabilitation centers due to their criminal danger. Keywords: Criminal behavior, Crime, thug, Legislation.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115911516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tort Liability for Damages of Artificial Intelligence Robots in The Jordanian Civil Law 约旦民法中人工智能机器人损害赔偿的侵权责任

Al-Zaytoonah University of Jordan Journal for Legal Studies Pub Date : 2022-11-30 DOI: 10.15849/zujjls.221130.12

Nasri Aldweikat

引用次数: 0