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Administrative grievance as a cause for suspending the deadline of administrative lawsuit for cancellation
(2016) Mohammad Husain Ihsan Irshaid; Dr. Mohammad Sharaqah
The Administrative Appeal is one of the major topics, which many people are unaware of the law. I have studied law and specialized on public law as a lot of people in Palestine and Jordan are innocence on understanding the law in general, because of that, I have made this study. In order to cover this study on details, the researcher has chosen the descriptive, analytical approach; additionally the researcher has used comparative methods as he could whereas some points on this topic can not be compared spatially due to the lack of texts talking about this study on other countries. Also, the researcher has attempted through his first part of this study to illustrate the essence of the administrative appeal in general and through this talk. The researcher has clarified the meaning of the administrative appeal, also he had identified between the administrative complaint and other similar actions, pointing out the importance of the administrative appeal, ending this chapter by showing the most important types of administrative appeal, both in terms of the party that offers them the grievance or legal obligation in terms of presenting. On the second chapter of this study, the researcher has identified the basic and main conditions of which must be available that we are in front of an administrative grievance proper legal sense, ending this chapter by clarifying the main effects on presenting the administrative appeal whether the effects belonging to the appellant or belong to the same management or administrative decision concerning the appellant of it or even belong to the third parties. At the end of this research, the researcher conclude many of the important findings and recommendation on the practical level and in the field of legislative remedies of administrative decisions, especially in Palestine.
Administrative Investigation In Palestinian Civil Service A comparative study
(2012) Alaa mohammad asmer; Dr. Muhammad Sharaka; Dr. Ghazi Dewekat
In this study, the researcher subject of an administrative inquiry in the civil service Palestinians, where there are problematic in this study on the legal framework Governing the process of administrative investigation and the extent of the coherence and agglutination legal architecture of the framework, where the researcher used in this study, comparative method, by comparison Palestinian legislation counterpart in the Egyptian legislation and demonstrate the difference in some of the issues. This study was divided into two chapters, the first entitled proceedings administrative investigation in the Palestinian civil service , and the intended action administrative investigation is how to begin the process of administrative investigation and what are the stages of this process, the investigation is administrative, like any other administrative process by decree under the law to commit by the administrative body entrusted by investigating the behavior of this road, and in this chapter was a researcher for referral for investigation is the first step that begins the administrative investigation and that in (Section I), disciplinary procedures begins towards the employee to be referred for investigation, and in this section the researcher showed the competent authority of the assignment to investigate the (first requirement) and precautionary measures against the employee assigned to investigate, in the (second requirement). In the second section of this chapter the researcher talked about directing administrative investigation, after the decision of referral for investigation phase of the stages of the investigation a direct inquiry to the employee, and in this section the researcher direct mechanism administrative investigation, in the (first requirement) and act to investigate the (second requirement). In the second chapter of this study the researcher presented the guarantees of the public employee in the process of administrative investigation in the Palestinian civil service the, where the guarantees are divided into disciplinary procedural safeguards and guarantees of objectivity, and these guarantees are integrated with each other to achieve one goal is to provide confidence and reassurance to the employee assigned to investigate, and in the this chapter presented the researcher to the procedural safeguards in (Section I), which can be defined as the guarantees relating to the form action to investigate and does not involve investigation, do not extend to the subject of the investigation, a charge against the employee assigned to investigate, and in this section the researcher showed the written form of inquiry and in the (first requirement), in addition to the adversarial nature of the administrative and investigative procedures in the (second requirement). The second section of this chapter has dealt with the researcher objective guarantees, with reference to the difficulty of complete separation between procedural safeguards and guarantees of objectivity, it is difficult to separate the procedural safeguards for objective guarantees some guarantees can be procedural and substantive at the same time, and this result is characterized in general by the administrative law are year is characterized by mixing objective side with procedural side, objective guarantees are guarantees on the subject of administrative investigation, which touches the subject of the charge against the employee, and the most important objective guarantees that he suffered a researcher in this section is the impartiality of the investigation in (first requirement), as well as to ensure the right of defense and this is what would be researcher (second requirement), where he was a researcher controls the exercise of the right of defense and the limits of this right. Through the study of legislation governing the administrative investigation process in Palestine, it is revealed there are some shortcomings in these texts, and through comparison with the Egyptian legislation show that the Egyptian legislation more accurate than his Palestinian counterpart, which exceeded many of the legal issues that overlooked the Palestinian legislator. The disciplinary regime in Palestine is narrower than his Egyptian counterpart, do not exist for tighter disciplinary or disciplinary councils or administrative prosecution, and the authority granted to the point of investigation in Palestine are limited and are associated with Balelzam which is a hindrance to the work of these bodies, this hand on the other hand, the Palestinian legislation detracted from the guarantees of the disciplinary officer in the process of administrative investigation, unlike the Egyptian legislature, which has strengthened these guarantees and regulations and in accordance with the provisions of the law. The researcher suggested some recommendations for the treatment of the problem of the researcher and the results that emerged during the study, which rotates as a whole around the prescribed legal system governing the disciplinary process management, including the investigation, so that there is regulation legislation consistent and able to control the process of administrative investigation, similar to his Egyptian counterpart.
AGILE-SCRUM BACKLOG CHANGES OPTIMIZATION IN SOFTWARE ENGINEERING ORGANIZATIONS
(An-Najah National University, 2022-03-21) Ghanem, Azhar
Background: software engineering requirements are translation of the product needs or features requested by customers and stakeholders. Due to the evolution of technologies, these requests are always changing. These requirements should be managed carefully, in order to help the customers and organization achieving their goals. Agile-Scrum has been introduced as project management methodology that focuses on the customers first and team communications rather than requirements documentation. Objectives: scrum methodology is all about delivering requests (i.e., backlog items) faster to customers and accepting changes to these requests, yet less reliable estimation of resources (e.g., time, money, manpower, etc.) exists. Backlog items depend on a lot of uncertainties inherited in the backlog management process using the scrum. Therefore, a need to reduce the changes in the backlogs is a must, by developing a new prioritization model. Methodology: unstructured interviews were conducted with five product owners from two local organizations implementing the scrum to identify the factors that affect the process and lead to backlog changes. A prioritization model was developed to help software engineering organizations manage their backlog items effectively, and to minimize the losses due to continuous backlog changes Results: results showed that the priority changes are the most dominant parameter that affects backlog changes. Unlike previous models in the literature, interdependencies between items, number of action words in the item description, and assigned developer features were found to significantly affect the priority ranking. In effect, the developed model serves as an effective tool to assign priorities during the agile-scrum planning phase for product owners. Conclusion: we have validated our proposed model by having a case study in one organization that implements scrum and a benchmark project. The results pointed that change in time was reduces because of general prioritization methods used currently in the studied organization. In addition, our proposed model showed good impact on backlog prioritization in agile – scrum environment and help the product owners with their tasks related to backlog management.
The Agressions Against Woman in the Family
(2014) Marram Omar Hassan Najar; Dr. Fadi Shadeed; Dr. Ghaze Dwekat
This study is about assaults on woman inside the family in Palestine . It consists of introduction and two chapters. The introduction includes verbal assaults on the woman inside the family while the two chapters deal with sexual aggression inside the family. The introduction explains three kinds verbal aggression on the woman inside the family in three independence sections . The former studies the crimes of dispraise. ; he second explains the crime of woman abuse in law and punishment according to the Jordanian law item (16, 1960 ). Analyzing these crimes according to the gender concept in the third section. Chapter one deals with aggression against woman inside the family , particularly ,in three sections each discuses one crime according to the Jordanian law item (16) in (1960) . the first section explains the crime of woman assault ; the second explains the woman exposure , and the final explains the crime of incest . These crimes have been studied according to the components and punishment . The researcher added fourth section in order to study these three crimes according to the social gender concept. Similarly, chapter two discusses the physical assaults on woman inside the family. It explains three crimes in three separated sections . The first discusses the premeditated hurt through the fault of premeditated hurt and the crime of premeditated hurt . The researcher carried out an analytical legal study of the crime of circumcision the in the second one. The third section explains the premeditated murder inside the family, through which attenuated justifications have been studied for their relations with crimes of murder according to the gender against woman . These sections have been discussed by the punishment law ( Item No. 16 , 1960( except for the crime of circumcision which was not mentioned but the researcher aimed to study it from the perspective of the international law and the international agreements about human and woman rights . These crimes have been studied in the according to the social gender perspective. In the legal dimension and its analyzing of components and punishment , this study included the Jordanian Supreme and Egyptian supreme verdicts for interpretation the dimensions . Also, it exemplifies real cases of crimes against women which met the conditions of crime dimensions according to the law of punishment . The distinguished side of the study is its social side and the analyzing according to the social gender based on the international agreements and documents of human and woman rights . The study included an analytical and statistical survey study conducted by human rights centers and feminine ones activate in defending woman rights and against violence against women . The study has statistical data from Palestinian Central Bureau of Statistics and other feminine institutions specialized in defending woman rights about the violence against women inside the family in Palestine . The Palestinian Central Bureau of Statistics study in 2005 indicated that 23.3% of women have been exposed to physical violence one time at least inside the family; 61.7% were exposed to verbal ( psychological )violence in 2005 . These results shows the obvious shortage in the law of punishment for treating the crimes against women . Moreover, some statements legalized violence against women based on the masculine concept and cultural and social hereditary for treating the women issues . This reason motivated the researcher to discuss several sections dealing with the crime against woman in order to explain how the law – in some cases- reinforce violence against woman and how it was the protector of the criminal to perpetrate his crime without fear of punishment.
AL FURA'A LINGUISTIC THOUGHT OF AL-RAZI'S "THE GREAT INTERPRETATION OF THE HOLY QUR'AN" BETWEEN ACCEPTANCE AND REJECTION
(An-Najah National University, 2022-05-08) Kmal, Mohammad
This study is seeking for linguistic thought projections to Abu Zakaria Yahya ibn Ziad, in the book "Al-Tafseer Al-Kabeer, Aw, Mfateh Al-Ghayb" for Imam al-Fakhr al-Razi, and the study, including no doubt, Al-Razi relied a lot on the linguistic thought of Al-Far’a, whether it was syntactic, morphologic or semantic. And the study expressed, with evidence, that Al-Razi had a sharp-minded, which rarely has no match to anyone else. Al Razi has weighted more than an important issue, alone, the sayings of Al-Fura and the Kofeyeen on the Sebawyeh and Basryeen sayings. He depended on that basically on the fully context, therefore Its mainstay is the complete context. Thus, Al-Razi will be among the first who proceeded in the interpretation of what is called linguistics. ‘towards the context’ Relationship of the word to the whole context towards the sentence. Word relationship with sentence only. Al-Razi’s reliance on refuting linguistic issues, weakening them, accepting them, and giving them preference was based on three principles: Rational reasoning, the total verbal context, and the audible one from the Arabs. Hence, it was no wonder to be taken by a great scientist like Al-Fura, Therefore, he singled out many issues, and went against what the public had agreed upon more than once. and by comparing the issues of its refutation of the words of the Fura, with the issues of its acceptance and its weighting; It was noticed that, in general, he was inclined to the words of the Fura all the way.
Amending Condition of Contractual Responsibility in the Egyptian Civil Law
(2006) Ahmed Saleem Fariz Al-Nasrah; Dr. Gassan Khaled
This study examined the amending conditions in the contractual responsibility. In an introductory chapter, several issues related to this study were raised. One was the pillars of contractual and inadequate responsibility. The focus was on the pillar of error. It was explained that personal responsibility of the moneylender (creditor) extends to his responsibility for the errors of his/her followers and the act of doing the thing. A comparison was held between the two responsibilities. The issues of combination and choice between the two responsibilities were presented. It was found that considering the choice between the two responsibilities would lead to the lack of order of the two exempting and mollifying conditions of the impacts of the two responsibilities.A definition of these two conditions was presented and so was their scope. It was found that the idea of amendment in the responsibility is blemished with ambiguity by same law expounders. The researcher distinguished it from compensation agreement system and responsibility insurance. Then the researcher presented the effects of conditions on the persons. He explained what could be considered an exception in these effects and showed the partial and total impact of the invalidity of these conditions on the contract, thus rendering the application of the general rule in the lessening of contracts. Chapter one was devoted to the exempting condition from responsibility. In this context, the researcher presented the fiqh (Islamic Law) position towards this condition. He also presented the position of the Egyptian law and court of justice. It was found that the Egyptian civil law has allowed explicitly this condition but introduced two exceptions to it. One exception is serious error; the other is the error of the other. The researcher criticized this position because the creditor’s responsibility in this case is a personal responsibility. Further, the Egyptian civil law has failed to put rules or sufficient restrictions on this condition. The researcher suggested taking a number of these rules, derived from fiqh and court of justice and others derived from some special applications These restrictions don’t allow this condition if it poses danger to man’s safety. They also don’t allow this condition if it has to do with a key commitment in the contract. In addition, it was necessary for the condition to be written; otherwise, it would be related to the relationship between the consumer and the merchant. It shouldn’t be stated in the submissive contract. The researcher found that despite allowing this condition as a general rule, several applications were cited and considered this condition devoid. The researcher concluded that this condition would lead to the lack of responsibility of the creditor although he would be originally responsible pursuant to the general rules. He has to transfer the burden of evidence, in the case of cheating and serious error. Chapter two was devoted to the mollifying condition. The researcher noticed that this condition had several versions. He, however, limited them to the two general versions. One is the mollifying cases of commitment. Added to them was a special version pertinent to the condition which dictates that the period of course of the time be shortened. The researcher, in this context, found that the first and second versions would be allowed. The third version, however, would not be allowed except in narrow situations. Of the mollifying condition versions, the version that would refer to the sum of compensation was ruled out. It was not considered a mollifying condition of responsibility. Rather it was a compensation: either agreement or legal. Concerning the partial exemption from obligation or commitment, it was attached to the provision of exempting condition because there was no difference between them. What applies to most of the mollifying condition provisions apply also to the exempting condition given the same cause most of the time. In chapter three, the researcher dealt with the stiff condition in responsibility. He presented the condition which holds the moneylender the foreign cause. He explained its notion, what it includes and showed that it has had two faces. The first is included in the concept of guarantees. It is considered a commitment in its accurate meaning. The second remains within the framework of responsibility. Every adaptation necessitates different effects. They were all explained in the context of the research. The researcher presented the effects of this condition on the burden of evidence and money lender’s responsibility. He also explained the exceptions to it. He also dealt with the condition of toughening the evaluation of the moneylender’s conduct and explained its versions and its impact of evidence and moneylender’s responsibility. He also presented several applications for the stiff condition in responsibility in several contracts. In addition, he presented the restrictions stated in the stiff condition in responsibility: writing, clarity, physical safety of men, non-violation of general order, and good intention and non-violation of the condition of justice. In the conclusion, the researcher presented general conclusions. Details pertinent to applications of conditions, however, were not all presented. The suggestions were also restricted to the wording of a general text which has to be included in the civil law in addition to another text pertinent to the permission of choice between the two responsibilities.
Anti- Corruption in the Current Palestinian Terriories Criminal Legal System Comparative Study
(2016) Tomer josef Cohen; Dr. Nael Taha
This study which is entitled " Fighting corruption in the punishment system in the territories of the Palestinian National Authority – Comparative study – aims at explaining the effects of the absence of political requesting in the Arab ruling regimes which caused some of governmental officials to commit corruption crimes and consider them above the law . The Palestinian society such as the others suffers from this phenomenon which caused wasting the public money . This fact makes us consider fighting corruption a part of basic and reforming solution for the structural problems of the Palestinian political system .Such solution demands activating the images of the civilian society such as the non-governmental organizations, special sector, universities and academic instructors because of their role as educating active tools aims at creating a good political and social context . The study showed there are several definitions for corruption crimes . But there is a common factor for defining these crimes which is that these crimes based on exploiting the public position in both public or private occupations in order to gain personal benefits . Also, it is referred that the most important methods of fighting crimes is drying their resources ,then creating good context decreasing corruption chances . This procedure is known as the national system for impartiality which aims at explaining the extent of corruption inside the state institutions because these crimes have risks in all aspects . Also, the study refers to the most important forms of corruption crimes in the punishment system presented in the Jordanian punishment law which is bribery crime . In addition , the study referred the same forms in the Palestinian fighting corruption law NO.1 , 2005 . The most important form is illegal earning . More importantly, the judgment plays a vital role in fighting corruption crimes because its laws guarantee the most important punishments and recompenses which cause public and private fortification . Consequently, the prevalence of justice arises . The study showed the importance of judgment in activating the systems of questioning and controlling due to the fact that judgment is the title of justice among people , in the same time protects freedoms, public and private interests . Consistently , the right for resorting to judgment has been guaranteed by the Palestinian basic law article ( 97). During the study , The state is responsible for the guarantee and respect of the legal authority dependency . This responsibility makes the judge works without bias and according to the law without being under pressure or under direct or indirect threat . Furthermore, it has been shown that the most important principles which protect the judgment independency ,the right in justice trail and guarantee the human rights . These principles presented in the equality in front of law , the public trail, guarantee human rights, the right of defending , the judge neutrality and assuming that the defendant is innocent until proven guilty which could be applied if the separation between the authorities is available especially the legal authority independency. Also, it is referred that the basic Palestinian law recognizes the legal authority is the third one and not functional. The researcher shed lights on the importance of the media in supporting questioning and controlling systems according to the globalization and information technology . The traditional government continued imposing several legal and administrative restrictions and spreading information and opinions but the government has a material dominance on the information resources . Despite this fact , the dominance has disappeared as a result of advanced technology which made these restrictions less important . It is important to note that the advanced telecommunication made the restrictions on freedom of opinion difficult because the legal statements which restrict the freedom of media became disable. Moreover, the study referred to the role of Arabic media in political questioning via its effects on the Arabic public opinion . The role of media should use all means for administrative controlling in order to work in perfect way to create an effective public opinion which fights corruption. Several obstacles encounters the role of media in this context among these is that the media workers , particularly men, are being targeted by legal actions related to public cases . Some of them have been subjected to severe verdicts , body aggression and custody. Finally, fighting corruption is a whole system which doesn't only depend on one pillar such executive , legislative authority or media . The concentration on this whole system creates a broad range of impartiality. The question which arises in this context is : Do media protect corruptors ? or , is corruption a trait in media ? Or , are media shelter for corruption and corrupters by bribing several media men who have been weakened against money and power and then occupied the position of defending corruption , corrupters
Appealing in the Constitutionality of the Laws "Comparative Study"
(2012) Zeed Ahmed Tawfeeq Zeed Al –Kailany; Dr. Ghazy Dweekat; Dr. Na'el Taha
The researcher starts his study about the legal control for the constitutionality of laws with a explanation for it ,and for its supporting and opposition ideas. Finally, he brought its advantages and drawbacks as an estimation for the constitutionality of laws. The introduction of this study discusses necessary backgrounds for controlling the constitutionality of the laws during which the appealing in the constitutionality of laws could be valid and could activate the constitutional case. Also, this introduction includes the conceptions of " constitution , the sublimity of the constitution, the differences between fixable and ridged constitution, the faith in legitimacy and the independence judicature. Chapter two includes the legal organization of the constitutional case in Palestine comparable with others . On other words, the legal frame organizing the work of the constitutional case. Background dealing with the nature of the constitutional case which has two characters, the former is material , the later is independent ; is included . Also, the second chapter includes the specialty of the constitutional court which has controlling in laws, paraphrasing the legal discourses and the authority for the judgment in conflicts dealing with legal specialty . The specialty of this court leads to the activation of the constitutional case in the Palestinian Supreme Constitutional Court throughout three major ways which are the connection with the constitutional case by subject judgment by transubstantiation, connection with the constitutional case by facing the constitutional court during the case and connection with the constitutional case throughout the original direct case. After the connection of the constitutional court with the case, constitutional infringement either formalistic or subjective should be assured. Chapter three includes the path of the constitutional case . The case starts during the planned procedures after meeting the legal conditions of the interest and the character. The procedures begins with applying for case, publication, preparing for investigation and pleading until the verdict after the legal formation for the court. The discussion, causing and publication stage starts until reaching the end of the bath by forming the verdict for the institutional case with its execution and correcting its material errors.
The application of the Palestinian security forces of the international legitimacy in the human rights provisions
(2016) Ahmad Ziad Daoud; Dr. Basil Mansour.supervisor; Dr. Mohamed Shraqah
This Study aimed at exploring the extent of the Palestinian Authority’s commitment to the principals of The International Bill of Human Rights. The Study was applied mainly on the Palestinian Security Forces in an effort to recognize the shortcomings in the application of The International Bill of Human Rights from the perspectives of the members of the Security Forces and Prisoners. The study came up with the below findings: • The majority of the selected sample, both members of the Security Forces and Prisoners, confirmed a suspect’s right to resort to military courts to prosecute any sector of the security forces in case he faced any offence during or after his detention. • In addition, the study concluded that the members of Security Forces assured that every detainee is treated according to the principle stating that “the accused is innocent until proved guilty” to the public by the judiciary, and that he has the right to defend himself using all legal methods, and to request the presence of a legal representative (lawyer) to guarantee that the detainee gets his humanitarian rights. • It was also noticed that the laws regulating the Security Forces are conforming to the international legitimacy in the human rights provisions, including the Basic Palestinian Law for the year 2003, Reform and Rehabilitation Law and the Palestinian Penal law, which indicates the Palestinian Authority’s awareness of the international legitimacy and human rights provisions. • The study also revealed a number of violations that were proved through the study conducted by the Independent Commission for Human Rights, which shows that the Security Forces conducted core violations to the international legitimacy in the human rights provisions. Such violations shall be investigated by the related control bodies. Based on the above, the researcher recommends the following: • There must be a binding Security Forces law that provides support for research and legal accountability to detect any legal violations, in addition to providing constructive feedback for these Forces and to rehabilitate the forces as much as possible, due to the importance of these Forces and its status in the society and the State. Furthermore, there should be more focus on the violations done by members of the security forces in studies conducted by the Palestinian Human Rights Commission to guarantee that such violations are not repeated and that the related members are held accountable for their actions. • In addition, there should be deterrent procedures for members of the Security Forces that encourage them to abide by the Palestinian laws and regulations related to detainees and prisoners, and to avoid the recurrence of any violations within its centers and locations. Furthermore, observations on the work of the Security Forces must be increased by the Legislative Council, the State Audit and Administrative Control Bureau, and the Anti-Corruption Commission, as they should be permanently present in Police and security centers to monitor their work. The researcher also recommends that there should be more focus on conducted targeted training session to increase the awareness of the members of security forces in issues related to international legitimacy in human rights.
Arrested in Penal Legislation Palestinian, Comparative Study
(2007) Muhannad Arif Sawan; A. D. Mubarak Ahmad Khalidi
Thesis topic arrested in the penal legislation Palestinian Magarnhabgyerh of penal legislation of other legislation, such as Egypt and Jordan, where the British took freely rights legislation barring Bhaala prejudice in certain situations, the longer the arrest of the most urgent actions that Harrihfho limits, but Yadamhavi conditions Mainhlmakan interest safeguards prevent violations of individual freedoms and regulate the border which the authorities Alaamhassistas Bahawaadm involvement in the darkness of prisons without legal basis, without reliance on the principles, norms, rules and penal legislation, which states quite frankly the inadmissibility arrested and remanded rights Bammerman not legally competent authorities Hence the importance of this study. The researcher discussed paving the arrest by the conventions and international legislation (charters and declarations) and the arrest in legislation Arabhutenaul researcher in the first quarter definition of the law enforcement and judicial duties and powers of legislation based Alvelstineutarif criminal prosecution, powers and function of the trigger punitive and functioning as the enforcement of judicial and prosecution are the powers and functions related lawsuit punitive started from the stage to accept the complaint and the evidence gathered via MOVED criminal case and conducted by the Public Prosecutor and the researcher in the second quarter what tariffs and arrested him various aspects of jurisprudence and the judiciary to give a clear picture of each corner and then viewed it as identified through the arrest coupled relationship liberties the fact that the individual arrested symptoms, which are freedom and hence the distinction between arrest and some of the actions might like him stop and stop and physical exposure. In chapter III, a researcher with the arrest of authority law enforcement officers in the arrest and conditions of its implementation, cases and then search procedures after the arrest and then examine the elements of the crime arrests and all that through legislation compared to other legislation Palestinian, Jordanian, Egyptian and British and check these conditions and big and put it in balance with the extent of achievement of justice, fairness, freedom and human dignity. To achieve the best results, provide useful study meets the precise details must be followed researcher tried scientifically accurate and certified From this standpoint, the researcher followed the curriculum interpretative and analytical articles dealing with the Code of Criminal Procedure and Palestinian research on the topic and other punitive legislation and the gloss accurate, then followed researcher analytic method for devising what is inherent in it and then followed the comparative method by comparing the legal texts to each other and neither of them know more precisely whether the wording or meaning, which is more in line with the same researcher, and finally followed the curriculum cash to not only the interpretation, analysis and comparison, but we must all criticism a statement beauties and disadvantages and to develop appropriate texts in the run and then followed by Conclusion The research findings and recommendations.
Authentic of local arbitrators' decisions Comparative Study
(2012) Laith Abd- Allah “Mohammad Sa’eed” Zaid Al-Kilani; Dr. Ghassan Khaled
This study discusses the authentic of local arbitrators' decisions at the Palestinian Arbitration Act No(3/2000). It is a comparative study with the Egyptian Arbitration Act No.(27/1994), and Jordanian Arbitration Act No.(31/2001), and the Judicial Judgments Magazine. The researcher preferred; before discussing the issue of the authentic of local arbitrators’ decisions, to discuss the legal nature of the local arbitrators’ decisions, as it’s of great significance in this study, considering the impact of the legal nature of the local arbitrators’ decisions, because there are very important results depending on it from the legal point of view, particularly; on discussing its extent of authentic of the discussed issue. The researcher, dealt in the study with the legal nature of the local arbitrators’ decisions, and the extent of proven authentic of these decisions, through studying the multiple views of jurisprudence for this nature, where the first side of jurisprudence gave the legal nature to the local arbitrators’ decisions, the second side gave the contractual nature for the local arbitrators’ decisions, and the third side gave them the mixed nature. As a result of the proven authentic of the local arbitrators’ decisions as an impact of the legal nature of the decision, the researcher discussed the nature of authentic which these decisions enjoy, and the terms of holding on this authentic. After defining the meaning of the authentic and the terms of holding on it, the researcher; stepped to define the extent of proven authentic of the local arbitrators’ decisions, where he discussed the start of the local arbitrators’ decisions gaining of authentic, and he concluded that these decisions become authentic once they are issued; as stated by the Egyptian legislator in the article (55) of the arbitration act, and the Jordanian arbitration act; article (42), while the Palestinian legislator stated that the authentic of the arbitration decision starts after its ratification by the competent courts, and not once it is issued, in accordance with the Palestinian arbitration act; article (47). Then the researcher discussed the authentic content which stands for the arbitrators; normal decisions, and concluded that the bases of the authentic is that it is a substantive rule not a legal presumption, as the substantive rule is rebuttable and the legal presumption is refutable. Then the researcher talked about the proven authentic of the arbitrators’ temporary and summary decisions, and concluded that the jury can; depending on the request of one side to issue an order for taking temporary or summary procedures, but those decisions don not own the authentic, because the authentic can not be proved without the bases of examination and not on the bases of the case of probability in the urgent justice. The researcher talked about the authentic extent for the local arbitrators’ decisions and the exemptions that occur and the extent of the relation introducing this authentic for the public system.
BETWEEN THE PRINCILPLE OF PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES AND ITS APPLICATIONS IN PALESTINE AN ANALYTICAL STUDY OF THE PRINCIPLE OF PERMANENT SOVEREIGNTY
(جامعة النجاح الوطنية, 2022-02-15) Shawahi, Lina
The principle of permanent sovereignty over natural resources is an international principle derived from the right to self-determination، Rather, it considers the economic aspect of this right. International organizations have attached considerable importance to this principle, so the General Assembly has issued many resolutions, as well as the Security Council stipulating that this principle must be applied and that all countries have the right to apply this principle to their territory without interference from any external forces. This principle is considered to be of economic importance affecting the economy of countries and their economic position at the international level. Whereas, it is necessary for the international community to join hands to ensure the application of the principle of permanent sovereignty over natural resources in all countries, large and small, rich and poor, developing and developed, in compliance with the principle of equality in sovereignty among countries, and the necessity to apply the requirements of activating international protection for this principle. Palestine was shed as a model and the principle of permanent sovereignty over natural resources was applied under occupation, as according to international rules, sovereignty is considered to be the right of the state under occupation, but it became clear through studying the Palestinian situation as a model that the occupying state has We deprived the Palestinian people of their right to sovereignty over their natural resources, and even their right to self-determination And it controlled these resources and exploited them and channeled their returns to the economy of the occupying power, which in turn led to the economically following the occupied people. This is what was clarified by the Geneva Convention for the Protection of Civilian Rights in Time of War of 1949 and the Hague Convention of 1907.
Brokerage Contract between Reality and Law: A Comparative Study of the Egyptian Commercial Law and the Jordanian Trade Law
(2008) Ghada Ghaleb Yosif Sarsor; Dr. Akram Dawood
This study sought to shed light on the concept of brokerage contract, its parties and obligations. As an old practice, brokerage was widespread in almost all deals between individuals and particularly in the field of business or trade. However, it has not received sufficient interest to cover all its sides. Against the dearth of studies in this area, the researcher set out this detailed integrated study to fill in the shortage in legal research. Brokerage as a practice is important from both practical and theoretical perspectives. It's true that there are lots of legal writings on the brokerage contract, but they are only narrative, descriptive and brief. That is, these writing have failed to cover all elements of the brokerage contract in detail. This study falls into two chapters. Chapter one dwells on the nature of the brokerage contract, and its definition from legal, juristic and linguistic perspectives. The researcher found disagreement on definition of the brokerage contract. Some defined it as "a contract according to which a person, called broker, is asked by another person to plan and organize sales or negotiate contracts or find a contractor to conclude a certain deal in return for brokerage". Others defined as" a contract in which a broker is employed to effect or transact bargains or contracts between other persons by concluding a contract and meddling between them in return for a compensation, commonly called brokerage". The study then moves to the conditions necessary in the brokerage contract. These conditions are namely characteristics, place and reason. In addition, the study dwelt on brokerage contract in terms of traits. A brokerage contract is classified as a satisfactory contract which is binding for both.It is also considered "compensatory contract as well as a business contract". This chapter also focuses on brokerage contract proof. In this context, the Egyptian and the Jordanian lawmakers agreed on the principle of freedom of proof in commercial materials. The chapter also dwelt on the broker in terms of definition, and conditions he has to meet.He is defined as an agent who is employed or hired by one of two contractors (parties) to effect or transact or meddle between them to conclude a transaction between them. In an implicit or explicit agreement, this broker deserves compensation upon successful conclusion of the brokerage and ratification of the transaction or deal. The conditions a broker has to meet are nationality, age, enjoyment of performance competency, good conduct and record, education and experience, entry in record prepared for the purpose, and non-conviction of committing crime. The chapter, furthermore, shed light on types of brokers: simple, double, individual, company, professional, non-professional, guarantor, non- guarantor. The chapter explained the study and nature of work of each type. It also tackled the brokerage given to the broker. The Egyptian and Jordanian law makers have agreed that the broker may collect compensation in return for efforts devoted and information given to conclude the contract. This is commonly called commission or brokerage. The chapter ends with the conditions which make the broker deserve or not deserve the brokerage. Chapter two researched into contract and the manner of its termination. The obligations of the first party are rights for the second party and vice versa. The work of the broker is limited to bringing the two parties closer together and make them conclude a contract without being a party in it. The contract, therefore, is concluded directly between the seller and the buyer. The broker provides no commitment with respect to the contract. The chapter also discussed impacts of the brokerage contract on the two parties and the possible reasons for its termination. In section one, chapter two, the researcher tackled the impacts of the brokerage contract pertaining to the broker in terms of the obligations imposed on him-by the business law-as a trade. This is in addition to the obligations the brokerage contract imposes on the broker for the implementation of the obligations. The contract obliges the broker to keep the samples and carry out the work assigned to him unless he is allowed to do so. The contract also obliges the broker not to be a second party in it. The chapter also dwelt on the broker's rights given the fact that the brokerage contract is reciprocal. The broker has rights in return for obligations imposed on him. These rights are obligations upon the shoulders of the agent. These rights include the right of the broker to get compensation and the right to use the brokerage expenses, in addition to the agent's commitment to compensate the broker. This chapter also sheds light on the termination of the brokerage contract after its conclusion between the agent and the broker and meeting of its terms and pillars in accordance with the general rules in the civil law as well as the private rules in the trade law. This includes termination of brokerage contract in normal ways through the termination of the contract to carry out the assignment he is charged with or due to expiry of the contract term or termination of brokerage contract before the broker's execution of the work assigned to him due to the impossibility of the implementation of the brokerage contract or bankruptcy of the agent or broker, or task entrusted to the broker or because of the abrogation of the contract. The chapter also discussed the termination of the brokerage contract in non-traditional ways through the termination of the brokerage contract due to personal consideration on which the contract is based. One reason is the death of broker or loss of competency. The chapter finally ends with a look at the expiry of the brokerage contract for considerations due to the fact that the brokerage contract is an unnecessary contract. This includes dismissal of the broker or his resignation. The study also includes the findings, some recommendations and appendixes.
Civil Accountability for Doctors: Comparative Study
(2008) Wael Tayseer Moh.Asaf; Dr. Hussein Mashaqi
Medicine in a sacred human, moral, and scientific pretension; it has it. Own permanent importance thin profession in the real source for the relation between the doctor and the patient Moreover, it in a humanitarian and legal in nature which dictates on the doctor to take care of him patient and to do everything to cure him/her due to what thin profession requires. The Jordanian legislature, as his peers in most Arced countries has not considered the medical accountability in some special terms, but left it to the general rule in the civil accountability; this state of not dealing with it, left thin accountability unclear. In this respect, I have studied it in details in an introductory chapter and in other four detailed chapters as follow, the introductory chapter where I dealt with the historical development of the medical accountably from the old ages till them medieval ages to the Islamic Sharia and finally to the modern ages. I also stated the development in each stage. In the first chapter, I have dealt with the civil accountability in its two sections, the contract and the shortage section and diagnosed the features and characteristics of each one of them. After that, I looked of the legal nature of the civil accountability for them doctor and the available difference in the points of the legal view on its adaptability. Some trend rightly consider it a shortage accountability, while other trend rightly consider it a control accountability. I have stated the confirmed view from the juries diction and jurisprudence (Fiqh) opinion taking into account the French Cassation Court resolution in 20/5/1936 which considers it a contract accountability in origin, and a default in exception. I also have searched in the commitment of the doctor toward. the patient and the relevant legal opinion on whether thin goes with taking care or achieving a result. The study shows that the commitment of the doctor in to take care in origin and to achieve a result in exception. The doctor care in not as any other care, it has to be vigil and authentic and goes with the fixed scientific terms. In the second chapter. I have dealt with the elements of this medical a accountability which chare this error (incorrect action) and undamaged and this reason relationship. At of error linguistically and legally. In addition, h have defined the medical error which in the corner store for out study moreover, I have clarified the attitude of the Jordanian legislature who build that accountability on the damage rather than these error. The medical error generally deals with the deviation of these doctor away from him morals and not meeting his duties of being vigil. Then, I moved into the attitude of juries diction, Arabic jurisprudence, and Islamic jurisprudence towards them gradualist of medical errors. The decision in thin respell in to question the doctor on all faults he makes to his patients on condition of their reliability. At the end of this chapter, I have discussed these criterion of the medical error and the other relived opinions. This in the criterion of the layman i.e then behavior of the ordinary doctor of the same specialization and the same scientific level for these mistaken doctor. In the third chapter, I have discussed the medical mistaken from a scientific point of view. This in an important issue since clarifies the medical mistakes committed by workers in the field of medicine. I also indicated the most spread mistakes through real detailed cases and real court verdicts such as: diagnoses mistakes not taking medicine, treatment mistakes, plastic surgery mistakes, anesthetic and delivery mistakes, transcription mistakes. Supervision mistakes, disclosing medical secret, and finally performing treatment not for cure purposes. In the third chapter, h have discussed the legal responsibility of the doctor, on the legal responsibility of the doctor, on the mistakes committed by his staff in the different medical profession, there are two trend, relevant to this issue, one in commenced with the doctor who work, in public or private hospital, and his legal relaters with the patient; thin other trend deals with the doctor who work, for his own and the responsibility relevant to his aids toward the affected person. I also discussed the responsibility of the doctor on the mistaken resulted from machines, apparatuses used to trial patients. In this respect, I discussed then issue of proving the medical mistake which lies on the patient and the hardships he faces to prove this mistake because of lack of experience which commotion with the issue of friendship among doctors and the legal tends, around this issue. After that, I have shifted into the second characteristic of the doctor civil accountability and that in the medical damages its types, conditions and its problems. This could hurt this individual in one of his rights relevant to his body, money, passion, honor, freedom or dignity. This damage could be physical or moral, it differs from one person to another. Indicting, this reason relationship between this mistake and the damage which goes under the public rules of civil responsibility in the patients role to prove. There are three different theories in this respect theory of equal reasons, theory of suitable reasons, and theory of missing chances.
The Civil Liability of the Causer "Comparative Study"
(2010) Rana Najeh Taha Dawass; Dr. Ali Sartawi
In this study, I discussed the Civil Liability of the Causing, Subject causing themes of Islamic law strictly, which did not have sufficient research compared to actually initiation, So the researcher in this study clarified the legal standards and jurisprudence that need to know in order to redress the damage caused by the wrongful act caused, each all in two chapter, the first chapter is dedicated to what is causing the comparative law and Islamic jurisprudence, in which the two sections, the first definition of damage cause and the statement of its forms, also the discrimination causing about initiation and assess the distinction between them, while the second section, I discussed the conditions causing by examining the reflection of the law to abuse and discrimination about the causing in terms of the concept of infringement cases Legality of infringement in causing, and I discussed the liability for causing non-discerning person. The second chapter is dedicated to the provisions of the civil liability of causing in a causal relationship within the natural law philosophy and all that in two sections, as explained in the first section the standard of causation by talking about theories of causation in Western jurisprudence and civil law, also to highlight the objective of causation through the access to the special provisions of the causing and stop at these provisions in civil law, while in the second section dealt with the impact of the researcher to prove causal relationship and denied for the reason of the foreign, including force majeure and act harmed, and act others, about the liability of the causing. Finally, I put a conclusion to recorded my various deductions, and observations about applications jurisprudence, also the statutory laws regarding the civil liability of the Causing.
Civil Protection For Patents And Trade Secrets (Comparative Study)
(2012) Imad Hamad Mahmoud Al-Ibrahim; Dr. Amjad Hassan
The study addressed the issue of civil protection of patents and commercials secrets through a comparative approach in which comparison was made between the Jordanian and Egyptian legislations and the Palestinian Industrial Property Law project. The study came in light of the Palestinian National Authority’s efforts to join the World Trade Organization, and its approach toward the enforcement of new laws that go in accordance with TRIPS Agreement. The study was divided into three chapters. In the first chapter, the researcher talked about the aspects of the legal system of patents and commercial secrets in addition to the protections means that were provided by the legislations for both types of intellectual property. The researcher also explained the scale of close connection between the two types and their relationship with the international contract for technology transfer. In the second chapter, the researcher addressed the elements of civil protection with respect to the necessity of having a patent or a commercial secret that meet the legal conditions for protection, the scope of right for the owners of patents and commercial secrets and the exceptions in this case, in addition to the types of offence that require protection. The researcher has found that the Egyptian legislator has provided a better protection for invention secrets during the temporary protection period than the Jordanian one. At the same time, it also stated a number of exceptions for the owners of patents and commercial secrets for the purpose of reducing exclusive, monopoly kind of protection for the patent owner and the actual protection for the owner of the commercial secret. In the third chapter, the researcher talked about the means of civil protection that have been provided by the general rules and the special protection which is represented in the illegal competition case. The researcher has found that this case can replenish the shortage that occurred in the protection system for patents and commercial secrets. At the end of his study, the researcher stated that it is important for the Palestinian legislator to focus on developing the legislations that are related to intellectual property in general, to pay attention to the registration offices related to it, as well as to be concerned with the importance of having these laws committed to with the Palestinian legislative system without being literally limited to the TRIPS Agreement which was affected by the Anglo-Saxony system in general, and the American system in particular.
The Civil Responsibility of the Lawyer for breach of Professional Duties. Subject and procedural in Palestinian Legislative system
(2015) Sai'da Jamal Hossein Wild Ali; Dr. Ali Sartawi
This study aims at investigating in Civil Liability of the Lawyer towards his client's according to the Palestinian law lawyers systems , and compared it with Jordanians Bar Association Law, and Lawyers Law Egyptians, it compared between the rules of the law of civil responsibility in three laws. They are considered the relationship between the lawyer and his client Contractual relationship. And almost similar in some exceptional cases does not consider the relationship contractual between them. e.g. delegacy from the court. And Commissioned by the Bar Association. The three legislation express the relationship between the lawyer and the client as the agency. from a special type. And known in Islamic jurisprudence as the agency litigation. Notice the obligations of the lawyer towards his client regulate according to the contract, other times by law, traditions, custom , and literature of the legal profession, so the lawyer requested towards his client in same obligations imposed by the these laws although it did not organize by the contract between them. The Important problem of this study incurs in having no special provisions related to the civil responsibility of the lawyer regarding his breach of professional duties according the three laws. and the most important research point had mentioned by this study is condition of get licence fram Bar Association to legalization the establishment of a lawsuit against lawyer from other lawyers, or pleading in it, and haw this condition constitutes a breach of human rights, Right to litigate. So this study divided into preliminary chapter, and pair folds. explain in preliminary chapter definition of legal profession, and the historical development of it, and clarified duties of lawyer, which delineated to representation in courts,and other jurisdictions .Legal consultations .Organization of legal . In this chapter explain definition of Agency Antagonism. and explain definition civil responsibility. In first fold, clarified definition the civil responsibility of the Lawyer, by pair chapter, in the first one refined the lawyer legal nature commitment is it achieve the purpose or follow the way?, And then I've cleared the nature of the civil responsibility of the lawyer towards his client, is it contractual liability, or Imprecision? then And restriction scope civil responsibility of the lawyer in terms the conditions of his responsibility for His personal, and in terms the conditions of his responsibility for another personnel of, such as his an employee, a partner in the law firm. And discussed in the last chapter of first fold the components civil responsibility of the lawyer ,which divided to Injury, mistake and causal relationship between them At the last fold elucidate the civil responsibility lawyer suit, by light at the conditions of acceptance it, and Is the condition of geting permission to lawyer from the Bar Association to establishment a lawsuit against his colleague considered condition acceptance of the suit, or is it makes a lawyer exposure to punitive responsibility only. and also discussed the means of proving liability suit, and directed defenses to this lawsuit, search in the possibility of donations judgment implementation in this lawsuit, or the Judicial most be compensation material, and what the basis estimating compensation. Concluded in the finale, to determine conclusions, on this topic and recommendations, the most recommendation is wished the Palestinian Legislator to be adopted by lay down special provisions determining the civil responsibility of the lawyer , and I wished the Palestinian Legislator eliminates the requirement of Permission from to lawyer from the Bar Association to establishment a lawsuit against his colleague.
Claim Cancellation in Administrative Proceedings
(2014) Osama Naseem Rateb Zaidan; Dr. Mohamed Sharaqah; Dr. Basel Mansour
The researcher discussed the subject of the claim cancelation in administrative proceeding as a comparative study. The subject has two sides . The former is the applicant whether he has an interest in being an opponent in the administrative proceeding, or the administrative proceeding is being acceptable regardless to any person. The later is to whom the claim cancelation is being addressed. Or is it limited to the administrative decision or includes who contributed in establishing it? The comparative method has been used in which the Palestinian legislatives and Egyptian ones have been compared throughout the differences between them where cleared . The study has been divided into two an introduction and two chapters. The introduction includes the legal administrative procedures by illustration its concept, the criteria of distinction between the administrative and civilian proceeding . Finally, the criteria which Palestine has been taken as a base for comparing the administrative and civilian proceeding has been mentioned. Chapter one includes the conditions and reasons for appealing the administrative proceeding in which the necessary conditions for acceptance by adjudication have been clarified . The absence of one condition cause the refusal of the case . So, this chapter has been divided into two sections ; the former discusses the legal conditions of appealing the administrative proceeding. As a result, this section has been divided into four sub- sections. The first one is about appealing against the administrative proceeding , the second one contains the conditions of the applicant interest from the start of legal suit until its end. Applying for the appealing according to the rules of the law is the content of the third sub- section and the condition of refusing the parallel legal suit accepted by some countries in the fourth sub-section. The later section which explains the reasons for the appealing for cancelation the administrative proceeding has been divided into two sections. The first section contains the aspects of special formalist cancelation of the administrative proceeding; the second contains the materialistic aspects of cancelation of the administrative proceeding . Chapter two, on the other hand, the practical sides of cancelation in administrative proceeding during the different stages of the legal suit has been explained imitated from depositing the suit and informing the opponent until establishing the verdict . This subject matter is the first section of chapter two . On the contrary, section two has two sub- sections, the former includes the reason for cancelation weather it was absolute or relativity. The later deals with clarifying the legal frame in which the opponent could be forced to execute the verdict in addition to the effects of the administration refusal of executing the verdict of cancelation . Several recommendations have been suggested based on the study discussions including forming two steps for the administrative judgment in order to guarantee the right to judgment by the Palestinian basic law and forming a special administrative judgment similar to the civilian one in order to eliminate the administrative court load such as the Egyptian administrative judgment .
The Compensation for Delay in the Execution of Debtor's Obligation (Comparative study)
(2011) Hazem Thaher Aersan Saleh; Dr. Ali Sartawi
This study aims at investigating the Compensation for Delay in the Execution of Debtor's Obligation represents one of the compensation kinds in the contracting responsibilities. The study of the compensation has two folds , the former is according to the comparative civil law; the later is according the recent Islamic jurisprudence (Feqeh). In the first fold, the compensation according to comparative civil law is divided into two parts ; the first one is the compensation for delay in the execution of debtor's obligation in general despite of the kind of the obligation which could be not doing or providing something ; the second part is the compensation presented by paying amount of money which is the legal or delay interest which has some kind of relation with the recent Islamic Feqeh entitled procrastinator debtor judgments. So, the study concentrates on the second one which is about the compensation presented by paying amount of money when the debtor deletes his contracting appointment of the payment. The study including two sections , sub-sections and conclusion ; the first one deals with the conception of the compensation connotatively and denotatively , the conditions for its validity according to the contracting responsibility like harmness, fault, reasonable relationship and excuses. Also it deals with agreement, legal and judgment compensation as kinds of the term. Playability cases of compensation represented by execution of debtor's obligation , false execution or delay along with the legal position of the condition of the compensation are discussed in the first sub-section of the first section . The vision of the Islamic Feqeh about this kind of compensation, supporter or opposer to this subject and the disagreement of the civil Arabic comparative laws were discussed in the second sub-section of the study. Also, the three trends of law discussed the subject which are laws that denied taking compensation and the resulted interest , laws that takes the two kinds compensation and interest together and those that take the compensation but denies the interest. These mentioned trends included in Jordanian, Egyptian, Lebanese , Yamane, Kuwaiti, Emirates and Palestinian civil law are discussed in the second sub-section. The second section investigates the conditions ,laws and the amount of the compensation as a result of delay which are contracting, legal and judgmental .These concepts are included in the first sub-section . However, the distinguishing of the compensation from the other similar legal systems which are threating fine , loan interest and contracting compensation are discussed in the second sub-section of section two. The conclusion contains the researcher's results and recommendations of the study.
The Concept of Political crime
(2013) Ola shareef; Dr. Fadi Shadid; Dr. Basel Mansour
The focus of my research was the essence of the political crime. I elucidated through it the various special identification of this crime, and the reason for the absence of a unified internationally recognized identification despite of its importance . This refers to the presence of tremendous Jurisprudential theories, whereas each one has its special standards. Also, I tried in my thesis to illustrate the difference between the normal crime and the political one giving a brief glance to some kinds of political crimes. To organize this study, I defined in the introductory chapter the historical development of the political crime in the primitive societies specially during the Egyptian , The Greeks, The Romans periods . Accordingly, I studied the situation in France before and after the revolution, then the conditions of the political crime in Islam, and I clarified the concept of this crime and the attitude of the Jordanian Legislation and comparative Legislations from it. I summed up my thesis into two chapters, in the first one I allocated it to study the elements of the political crime, and I included three parts in it .In the first one I presented the material element of the political crime , defining the sequential stages starting from the cogitation and planning stage, going along with commencing the crime , to reach to the most important stage which is the realistic act of the crime. Then I studied the collaboration In offense. In the second part , I studied the material element of the political crime in its two branches; the Public and the Private . The Third part, I tackled the criteria of distinguishing political crimes from the normal one, and the standards for differentiating the purely political crimes from the relevant one. This operation can be done through analyzing the jurisprudential theories that control each crime separately. Also, I presented the most important crimes that raised jurisprudential debate about the possibility of considering it political or not. I assigned the second chapter to study the contents of the political crime through three studies. I illustrated in it the concept of assault on the political rights of state, and the extent of considering the security crimes within the political one through studying the conspiracy and the crime of aggression and a crime of high treason, and in the second part, I studied the press crimes and crimes as falling within the electoral molesters on the political rights of individuals. In the third and final part, I explicated the modality of dealing with the political offense and the prerogatives given according to law . I also clarified the meaning of the right of political asylum, and “ Not to compromise”. In addition to studying the sanctions taken against the criminal , the execution and Precautionary measures, and the possibility of issuing an amnesty for political criminal in various cases. Then I attached to my study selected models of the provisions of the Jordanian State Security Court in the past, with regard to crimes of conspiracy and counterfeiting of cash and terrorism. And the end , I set a conclusion recorded the most important results and observations that I realized and I presented it to address the issue in all its aspects

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