Judicial oversight as a form of governance in the face of administration arbitrariness in administrative decisions
Published in: Journal of Governance and RegulationOpen AccessVolume 10, Issue 4 Special issue, Pages 261 - 2712021
Oct 28, 2021
This research explains judicial control as a form of governance in the face of arbitrary administrative decisions — the UAE is an example (Zwart, 2016). The aim of the study is to demonstrate how judicial control can contribute to achieving good governance of the administrative decisions in the absence of the legislative provisions related to the causes of cancellation of an administrative decision. The data were sourced from relevant books, journals, official texts, and courts decisions. The d...
Amicable Settlements for Civil and Commercial Disputes: A Comparative Study of Emirati and Egyptian Legislations
Published in: International Journal of Economics and Business Research (Scopus)
Oct 08, 2021
Firas Massadeh
Moustafa Kandeel
on-compulsory amicable dispute resolutions were examined by reviewing the legal nature and concept of mediation and conciliation within the legislations of the UAE and Egypt, in line with contemporary international legislations, such as that of France. We considered those civil and commercial law disputes which may be subject to amicable dispute resolution in pre-trial proceedings, including labour and family law matters and intellectual property rights. Within the latest legislative amended pr...
Corporate governance and organized crimes: Comparative analytical study of the legislative role
Published in: Journal of Governance and RegulationOpen AccessVolume 10, Issue 3, Pages 18 - 292021
Sep 29, 2021
This research aims to study the organized crime, its characteristics, and the legislative role in combating it. Due to its reception of many refugees from Syria, Iraq, Yemen, and Libya, the United Arab Emirates (UAE) and Jordan witnessed a widespread of numerous forms of organized crimes such as drug crimes, money laundering, and human trafficking. The authors seek to clarify how Emirati and Jordanian lawmakers dealt with such crime, and whether their legal texts were sufficient and consistent ...
Time limitations for intellectual property in criminal and civil litigation: a comparative study of England and Jordan
Published in: International Journal of Private Law
Sep 21, 2021
Firas Massadeh
Mohammad Alkrisheh
Nour Hamed
In this review of Jordanian and English intellectual property laws, it became apparent that there are few legal rules regulating time limitations for civil or criminal cases. In English law, one such rule stipulates a civil limitation of no less than six years; however, there is no statute of time limitation for criminal cases, and therefore criminal offences do not fall under such limitations. In comparison, in Jordanian law the text of Article 272 of the civil law applies in relation to a sta...
The impact of social media on the rights of the accused in Jordan: Does public opinion matter?
Published in: Cogent Arts and HumanitiesOpen AccessVolume 8, Issue 12021 Article number 1994112
Aug 30, 2021
This study shows how publishing, commenting, and analyzing crime details via social media can play a role in shaping public opinion and influences the proper conduct of criminal justice. It also discusses the impact of social media on the presumption of innocence, the confidentiality of investigation, and the judge’s emotional conviction by examining the most important cases that Jordan has witnessed recently and have had a wide resonance on social media. In addition, the paper clarifies the le...
The crime of assault on means of transportation and navigational facilities as a terrorism offence in the uae and jordanian legislation comparative analytical study
Published in: Lawyer QuarterlyVolume 11, Issue 3, Pages 401 - 4122021
Jul 30, 2021
There is no doubt that the crimes of hijacking of aircraft and ships and assaults on land means of transportation and navigational facilities are terrorism offences that are among the most serious and threatening for individuals’ safety and security. Aircraft, ships, and trains are the most widely used means of transportation; therefore, they should be safe and protected against any terrorist act, and a severe penalty should be imposed on whoever commits such crimes. Therefore, this study aims ...
Ġarar vs. Jurisprudential Necessity in Commercial Insurance Contracts
Published in: Arab Law Quarterly
Jul 12, 2021
This study deals with the effect of ġarar (uncertainty) and jurisprudential necessity on the Sharīʿah permissibility of commercial insurance contracts, using an analytical and critical approach. The study clarifies the meaning of ġarar, and its effect on contracts, by verifying the effective cause of ġarar, determining its degree, and ascertaining the rationale for its prohibition. The criterion for differentiating between trivial and substantial ġarar is discussed, as well as the views of juri...