Jordanian Law Research Articles

Factors affecting the quality of accounting disclosures provided in the annual reports for Jordanian firms

AbstractThis study aims to cover the factors that affect Jordanian companies’ annual reports’ accounting disclosures within the country's regulatory framework. This study analyses the qualitative content of accounting disclosures in Jordanian service and manufacturing companies to ascertain whether Jordanian law affects the company's capacity to provide adequate disclosures to stakeholders and whether industry type affects disclosure quality. The content analysis results indicated that Jordanian firms are aware of the laws and regulations governing the preparation of annual reports. Still, corporate governance rules are insufficient. Furthermore, the results revealed that annual report preparers are committed to mandatory and voluntary but provide inadequate CSR disclosures. The findings showed that service firms outperform manufacturing companies in terms of paying attention to narrating events and taking action to reduce their impact. Multiple factors influence the quality of accounting disclosures in Jordan. As for a limitation, content analysis inherently involves some level of subjectivity in interpreting and coding data, which could introduce bias into the analysis. Nevertheless, conducting targeted studies on particular sectors within Jordan could yield valuable information regarding industry‐specific disclosure procedures and obstacles, which could be a future study.

The Solutions for The Conflict of Laws Relating to Copyright and Its Exploitation" A Comparative Study"

Determining the applicable law for copyright is a complex issue in the jurisprudence of private international law. This is because it is an intangible moral property, meaning that the nature of the subject to which the right is attributed differs from other material rights. In addition, most legislations have not established specific attribution rules for moral rights, making it difficult to determine the applicable law for copyright. Hence, the research problem is embodied in the absence of explicit and clear texts that address the issue of conflict of laws if it relates to the author’s topics moving between the scope of more than one law, which leads to an overlap in the scope of the applications of the law that related to those rights, raising the issue of which law should apply and which one is more accurate in achieving justice. The importance of this research is evident in raising the awareness among rights holders of the existence of a legal organization that protects the copyright, which may ease their minds due to their prior knowledge of the existence of a law that protects the product of their mind on the one hand and deters the aggressor on the other hand. Moreover, this study aimed to demonstrate the validity of the laws referred to by the traditional attribution rules to resolve conflicts of laws in matters related to copyright. It must be noted that the study adopted the analytical and descriptive comparative approach between Jordanian law and Iraqi law and the role of each in resolving problems arising from conflicts of laws.The study found that the Jordanian legislator specifically addressed unpublished works in Article 57 of the Copyright Protection Law, clarifying whether they fall under the law's provisions. However, we did not find an explicit provision in the Iraqi Copyright Protection Law regulating the issue of unpublished works. However, the researcher recommended that the Jordanian legislator conclude new bilateral or regional agreements in addition to joining international agreements due to the inadequacy or inappropriateness of traditional agreements related to judicial cooperation to rule on what arises from a conflict of legislative jurisdiction regarding copyright.

The Regulations of Sales by Model in Jordanian Law and Islamic Jurisprudence

The study aimed to elucidate the legal and regulatory treatment when sold goods do not conform to the model accepted by the buyer, utilizing a descriptive-analytical and comparative approach. It was divided into two sections. The first section expounded on model-based sales in Islamic jurisprudence, identifying various types in view of different models and the Islamic jurisprudential stance on such sales. The second section addressed model-based sales in Jordanian civil law under Articles 468 and 469. Key findings revealed the Jordanian legislator’s recognition of the model-based sale contract and formulation of regulations in the Civil Law. However, it did not cover all related provisions, leaving other matters subject to general rules. The study recommends the necessity for the Jordanian legislator to expand provisions for model-based sales in the Civil Law and include detailed regulations.

Analysis of Performance Measurement Indicators in Juvenile Care and Rehabilitation Homes in Jordan: A Study on Social Care Homes and Correctional Institutions

Performance indicators in youth protection and rehabilitation centres in Jordan indicate an emphasis on community centers and correctional facilities. The study aims to analyze the application of these indicators and how effective they are in achieving the goals of youth rehabilitation and integrating them into society. The study explores the challenges and opportunities that exist within these institutions, and children's law indicates the Jordanian law, which was issued no. 32 from 2014 and the status of the law is reviewed and updated with all changes until 2024. One of the most noticeable things in this law is the increase in the criminal responsibility of young people from 7 years to 12 years and their focus on establishing a legal system that specializes in juvenile cases and the role of the juvenile police in handling juvenile cases. Complementary justice, non-custodial measures, the need to adjudicate criminal cases within three months and criminal cases within six months, and provide aftercare for released juveniles.

The principle of "Proportionality" in French Administrative Law: a Lesson Suggested for Jordanian Law

This study considers the test of proportionality as one of the levels of examining the reasons given to administrative decisions in French law and the need to adopt the test in Jordanian law as it is applied in French law. The subject of this study is of great importance as it represents a new era of examining the legality of administrative actions. As far as the writer of this study knows, there is no relevant study in English examining this issue in Jordanian or other Arab legal systems, it is therefore an attempt to fill the gap in this area. Issues of this study are examined throw two main sections, the first one examines the traditional approach in examining the reasons given to administrative decisions in French law, whereas the second examine deeply the test of proportionality the need to adopt it in Jordanian law.

Civil Liability of The Air Carrier for Errors of The Aircraft Crew in Jordanian Law

The aircraft crew bears significant responsibility as they operate the aircraft in the sky, carrying numerous duties and exercising various authorities to perform their tasks effectively. The aircraft crew is obligated to fulfill their commitments towards the air carrier. Current study addresses the issues surrounding the extent of the air carrier's liability for errors committed by the aircraft crew. These errors may be personal, technical, or administrative during flight. We used a comparative, descriptive, and analytical approach to achieve the objectives of the thesis and answer its questions, which focus on defining the obligations and authorities of the aircraft crew and determining the nature of the air carrier's responsibility for errors of the aircraft crew. The key finding of study is that the Jordanian legislator has largely held the air carrier responsible for damages resulting from errors committed by the aircraft crew. Both the air carrier and the aircraft crew share responsibility for these damages towards third parties based on solidarity and mutual assistance. It is suggested to amend the text of Article (42/C) to include detailed provisions specifying the extent of responsibility for each member of the aircraft crew, the responsibility of the aircraft commander, operator, and air carrier in the face of actions leading to harm.

The Situation of the Jordanian Legislator from the Interpretation of the Judicial Judgment

Study aims to discuss regulating the provisions of judicial judgments interpretation in Jordanian law regarding the practical necessity in making the ambiguous judgments issued by the court enforceable. As well as the provision in the execution law obliges the chief executive officer to request clarification from the court (issued the judgment) due to its ambiguity, which does not replace the importance of regulating this issue in the Jordanian Code of Civil Procedure. The researcher concluded that the regulation of the provisions of judicial judgments interpretation in Jordanian Civil Code, which is tainted with ambiguity, must include granting the right to request interpretation to the litigants and to the court (issued the judgment). It shall also include provisions of the ruling interpretation and grant the right to the litigants and the court in requesting the interpretation. So that the court shall always be competent to request the interpretation, if it has to comply with the interpretation regulations in order not to abuse the authority in interpreting in a way that makes its judgment subject to appeal. The researcher also discusses the importance of determining the procedures that shall be followed to submit the interpretation request; moreover, the researcher concludes the impact of appealing the original judgment issued by the court.

Civil Legal Framework for Moral Damage in Jordanian Law

This study explores civil remedies for assault, allowing victims to claim damages for psychological harm and use force in self-defense. If a victim defends themselves and faces a counterclaim, the initial tort may mitigate their liability. When a tort is used as a defense in a criminal case, it can trigger issue estoppel in subsequent civil proceedings meaning that if the defendant loses the criminal case, they often lose the civil case as well. The situation differs when it comes to moral damages resulting from criminal acts. Moral damage refers to injury to legally protected interests, such as personal security, caused by a tortious act. Victims of criminal offenses that also constitute torts can use these acts as evidence of liability in civil actions. However, specific remedies for moral damage are often insufficient or absent, particularly for victims of violent crimes. These victims may struggle to obtain more than nominal damages for assault or battery, facing challenges due to tort limitation periods, which may require suing for false imprisonment while still involved in criminal proceedings. The case of Phillips v UK exemplifies this, where the Crown's immunity extended to acts violating personal dignity, making it difficult for victims to pursue actions for moral damages.

Criminal Liability for Worker's Assault on the Employer by Beating or Humiliation According to the Jordanian Law

This study dealt with the worker's assault on the employer by beating or humiliation according to the Jordanian Law. The study of the worker’s assault on the employer by beating or humiliation is a very accurate and difficult matter, as determining the form of assault by the worker controls many important legal influences. When is the act of beating or humiliation achieved that allows the employer to legitimately dismiss the worker? Does the employer own if he committed the act of beating and humiliation without investigation. This study dealt with the most prominent cases in which the worker assaulted by beating or humiliating the employer or any other person during work, leading to the worker's legitimate dismissal. Ultimately, this study found that defamation and slander must be added to the Jordanian Labor Law in order to make changes. To the pertinent article's text. In order to ensure the worker's safety, we hope that the Jordanian lawmaker makes it clear that the worker cannot be fired in the event of an assault until he has undergone an investigation by an unbiased committee.

Legal Problems in Organizing Sick Leave for Workers under Jordanian Law

Sick leave is considered one of the essential types of leave that an employee may require during their service with an employer. Sick leave has received attention in numerous legislations in different countries, with provisions and considerations to ensure a balanced relationship between the worker and the employer. In the Jordanian context, the legislator has granted workers the right to sick leave if certain conditions are met. This raises the question of how well the Jordanian legislator considers the interests of both the worker and the employer and strives to create a balance between them. The worker is allowed to benefit from sick leave if specific conditions are met, which reflects the legislator's good intention to provide procedures that guarantee a fair balance between the interests of the worker and the employer. The worker is required to provide medical proof substantiating their need for sick leave. In this context, the role of the designated physician is crucial in assessing the health condition and the necessity of the leave. Despite these positive aspects, there may be potential challenges in implementing this system. The worker may encounter difficulties in obtaining medical reports within a short period, and the system may require more transparency and controls to ensure its fair and balanced utilization by all parties involved. Therefore, it is preferable to consider more details on how the law regulates sick leave and how it impacts the employment relationship. Additionally, it is important to address the specifics of implementing current laws and their effectiveness in protecting the rights of workers and the interests of employers.

The Substantive Rules of the Offences of Iegal Access to Information System Under the Jordanian Cybercrime Act 2015 No 27: A Comparative Study

This paper provides a comparative study of the offences of illegal access to information system pursuant to the Jordanian Cybercrime Act 2015 No 27. It explores the substantive law on these offenses as established in Articles (3 and 12) of the Jordanian law in comparison with other Acts. It basically addresses the offences of accessing a given information system or website without authorization or contrary to the granted authorization or by overriding it. Through analyzing the relevant law on this issue, the paper tends to trace the gaps and defects and any substantive flaws or imbalances in the laws governing such offences. Central to its purpose is to provide insight into how this comparative study might contribute to any potential law reform on this contentious issue. To this end, it is suggested that the Jordanian Act should be amended to explicitly criminalize the conduct of mistaken access to a given information system and with knowledge the offender persist to do so. Key words: offences of illegal access, information system, cybercriminal, cross-border crime, access without authorization, overriding of authorization.

Digital character assassination in the Jordanian law

One of the rights inherent in a legal personality is the ability to maintain the individual's dignity and treat himself with respect, regardless of his social status. The rise of cybercrime has made it possible to launch digital attacks on someone's honor or reputation, creating a need for rules that limit what can be posted on personal pages and websites. The adoption of Cybercrime Law No. 17 of 2023 shows that Jordanian lawmakers have been proactive. Through the use of a descriptive and inductive analytical approach, this research demonstrated the uniqueness of this legislation, which prohibits the distribution or attribution of any works aimed at defaming a person’s reputation. Presenting an incorrect image of the targets and isolating them socially is the deliberate moral destruction of a person, organization, institution, or social group through spreading rumours, fabricating accusations, and manipulating data and facts. This procedure is similar to the deliberate assassination of individuals. Lawmakers in Jordan have tightened penalties for the perpetrators of this crime and those who helped commit it. The study found that although the goal of character assassination and the crime of digital defamation is to harm the victim's reputation and dignity, there is a significant difference. Character assassination differs from digital defamation in that it requires a specific goal: the moral destruction and social isolation of the targeted individual. This paper aims to clarify the term character assassination, analyze the legislative text that explicitly criminalizes it, identify the elements of this crime and how it is committed, verify the criminal protection procedures decided by the Jordanian legislator, and explain the reasons that prove these crimes. This paper relied on the descriptive approach in studying the phenomenon. Character assassination and gathering information related to this field.

The Extent of the Impact of Cybersecurity Rules on Electronic Civil Transactions in Jordanian Law

The Extent of the Impact of Cybersecurity Rules on Electronic Civil Transactions in Jordanian Law

Assessment of the authenticity of ordinary bonds as evidence in Jordanian law

This study examined the role of ordinary bonds in proofs and showed that they have legal validity when a requirement exists: writing or signature; however, this authenticity is described as temporary authenticity. invalidity", whereby such validity would be waived if his validity was challenged by express denial or falsification. If the ordinary bond is valid, that authenticity reverts to the bond, His legal strength has become stronger than before, and he has addressed the scope of the authenticity of ordinary bonds between his parties and others when challenging his validity by denial or forgery, set out the arbitrator's power to assess the validity of the ordinary bond when challenged by denial or forgery. This study also discussed the authenticity of ordinary bond images in proof. This study found that the normal bond is only an argument for others if the date. Is fixed: The ordinary document should have no authority to prove except in certain cases, in which it has the same authenticity.

Examining Witness Interest: The Obstacles of Testimony in Islamic Jurisprudence and Positive Law

This study compares Islamic jurisprudence and positive law to explore the obstacles of testimony, focusing on the complexity and controversy surrounding witnesses' interests. Employing a legal comparative method, the research examines self-interest in testimony, emphasizing authoritative sources like fiqh books and Jordanian law, shedding light on the concept of self-interest as its primary focus. It highlights the differences between Islamic jurisprudence and contemporary legal frameworks, providing a nuanced understanding of witness actions in legal processes. This research's findings reveal that testimony's self-interest predominantly relates to lineage, siblinghood, marital relationships, hostility, and partisanship. The results show both Islamic jurisprudence and positive law recognize the prohibition of testimony due to self-interests is not absolute; there are many interpretations and exceptions to this restriction, with differences stemming from the reliance on religious texts in Islamic jurisprudence and legal reasoning in positive law. This gap arises from the ability of contemporary law to examine the interests of witnesses from various perspectives and through the use of different evidentiary tools. This research contributes practically that the application of law that is different from what has been formulated by fiqh scholars in Islamic jurisprudence does not necessarily indicate that the legal decision is at odds with Islamic law.

The Legal Framework for Electronic Signature in Jordan A Comparative Study with EU Regulations

Electronic signature, owned by the owner is a matter of trust, and it may be difficult for the other contracting party to verify its authenticity , hence the importance of dealing with and organizing digital signature is of paramount importance., The aim of this study is to compare the legislation of the EU and Jordan in governing the responsibility of the authentication service provider concerning electronic signature, to find out whether there is a lack of organized legislation with regard to the work of electronic signature service providers. The article will also examine the adequacy of general regulations in supervising the duties of electronic service providers under Jordanian law. I will emphasize the importance of establishing specific regulations, and the need to establish special rules for this particular responsibility, especially with regard to the development of specific rules in line with the UNCITRAL model law on electronic signatures. As regards the EU directives on electronic signatures and other international legislations, it must be emphasized that the issue of electronic authentication services raises several legal problems that can be resolved. Among others the legal nature of the liability of electronic authentication service providers, their legal basis, and their establishment are still subject to legal controversy. In addition to the scope of this responsibility and the issue of determining the extent of compensation that can be imposed in the event of harm to the customer or others, the Jordanian legislators have not established a specific legal system for the responsibility of the employer and the electronic authentication provider to clarify all the ambiguities to which electronic banking operations are exposed to in order to create an independent and sustainable legislative environment for all the rapid technological development.

Jurisprudential Origins of Digital Drugs - Music - and their Legal Adaptation: A Comparative Study With Jordanian Law

This study aims to clarify the jurisprudential origins of digital drugs, specifically music, and compare their legal status in Jordanian Law. Digital drugs, referring to different sound files exploited to trick the brain using sound waves in a way that induces addiction, are an old phenomenon that has recently gained recognition and spread. To achieve the study purpose, the research relied heavily on an inductive method, then a deductive one, to understand how musical drugs affect the brain and highlight similarities between traditional drugs and it. Accordingly, a suitable Islamic judgment was deduced. The study resulted in several key conclusions: digital drugs or sound files used to trick the brain invoking relaxation, pleasure, and loss of consciousness, much like intoxicating substances and drugs. It was determined that the ruling of these musical drugs is forbidden in Sharia, as they act as regular traditional drugs.

Returning the Defect in Islamic Jurisprudence and Jordanian Civil Law: A Comparative Study

This study aims to clarify the rule regarding the decrease in value due to the fault in the price of the sale, the instances in which it is permissible to review, and when it is not. The study also discusses the conditions for reviewing when the contract cancellation is impossible, the extent to which the defective party can return, and how to calculate it. In addition, it compares the Jordanian civil law with other Arab laws influenced by it and following its path. The study relied on two methodologies: the deductive method and comparative method, reaching several results and some recommendations. The most important findings are that Jordanian law has several contradictions when regulating the rules of defect options. Accordingly, the study recommends the Jordanian legislator to resolve the contradiction between Article (198) and Paragraph 1 of Article (513) either by removing one of the two articles, with Article (198) being the most likely to be removed, or by limiting Article (198) by adding the phrase "in case of impossibility" of cancellation, to become: "In case of impossibility of canceling the contract due to a defect, the contract holder may retain the contracted item and return the decrease value". The Jordanian legislator is urged to remove the contradiction between Article (197) and Article (515) by doing away with Article (515) and relying solely on Article (197).

Rules for Civil and Criminal Protection of Public Funds: A Comparative Study between the Saudi System and Jordanian Law

Rules for Civil and Criminal Protection of Public Funds: A Comparative Study between the Saudi System and Jordanian Law

JUSTICE OF COMPENSATION FOR APPROPRIATION FOR THE PURPOSE OF OPENING ROADS IN JORDANIAN LAW (A COMPARATIVE STUDY)

Objective: This study aims to define the concept of fair compensation, and how the Jordanian constitution gives the ordinary legislator the authority to determine the nature of fair compensation so that he may stipulate deducting part of the property free of charge, or did the constitutional legislator grant the ordinary legislator the authority to determine how to estimate the value of fair compensation as stated in Comparative legislation. Theoretical Framework: The study employs a theoretical framework rooted in distributive justice theory, particularly drawing upon the perspectives of Rawls, Nozick, and Sen, the study evaluates the principles underlying fair compensation and its practical application in legal systems. Design/Methodology/Approach: This study follows a comparative analytical descriptive approach in dealing with the position of comparative legislation on fair compensation in the first requirement, and we will devote the second requirement to the position of the Jordanian legislator on fair compensation stipulated in Jordanian legislation. Result: The results of the study showed that appropriation for the public benefit has become recognized in constitutions and comparative legislations, as these legislations have defined the procedures for obtaining real estate to be appropriated in order to achieve the public benefit, and these legislations also included the principle of the owner's right to receive fair compensation that compensates the damage caused as a result of appropriation. Research, Practical & Social Implications: The study concluded that the legislations have differed in how to estimate fair compensation, some of which stipulate that the compensation must be complete without taking into account the impact of ownership on the remaining parts of the property and neighboring properties, and some of which introduced the concept of a free quarter such as the Jordanian law of ownership in the acquisitions of roads. This study came to show the fairness of the free quarter deduction in the acquisition of roads in the Jordanian acquisition law compared to what is applied in the comparative legislation. Originality/Value: The study provides original insights into the concept of fair compensation in Jordanian law, offering recommendations for legislative reforms to enhance distributive justice in expropriation cases.