DOCSLIB.ORG

A Comparative Study of Jordanian Anti-Corruption Law & the UN

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

A Comparative Study of Jordanian Anti-Corruption Law & the UN Convention against Corruption Kholood Sami Aloran A thesis submitted to The University of Gloucestershire In accordance with the requirements of the degree of Doctor of Philosophy In the Faculty of Business, Education and Professional Studies October 2017 1 AUTHOR’S DECLARATION NAME: KHOLOOD SAMI ALORAN TITLE OF THESIS: A Comparative Study of Jordanian Anti- Corruption Law & the UN Convention against Corruption. FIRST SUPERVISOR: Professor Davies Barry DEPARTMENT: Faculty of Business, Education and Professional Studies I certify that I am willing that this thesis be made available for consultation in the University of Gloucestershire library and for inter-library loan use in another library. It may be copied in full or in part for any bona-fide library or research worker on the understanding that it is copyrighted material and that no quotation from the thesis may be published without proper acknowledgment. SIGNED DATE 4 /10/2017 2 ABSTRACT The present thesis addresses two questions, expressed broadly as: how comprehen- sively is the United Nations Convention against Corruption (UNCAC) embedded in Jordanian national law? and how readily do Jordanian courts apply the provisions of UNCAC? UNCAC is the first legally binding international anti-corruption instrument. In its 8 Chapters and 71 Articles, the UNCAC obliges its State Parties to implement a wide and detailed range of anti-corruption measures affecting their laws, institutions and practices. The Convention's far-reaching approach and the mandatory character of many of its provisions make it a unique tool for developing a comprehensive re- sponse to a global problem. The significance of UNCAC can be seen in the fact that by July, 2017 140 states parties had signed the convention. The questions are asked in the light of the need to combat corruption in the pursuit of countries‘ development, where its presence has long been seen as a major impediment. Despite Jordan‘s participation in drafting the Convention, some elements of the con- vention are still missing in Jordanian law. So for the first question, it can be seen that missing elements include bribery in the private sector; bribery of foreign Public Offi- cials and officials of public international organizations; trading in influence, and concealment. For the second question, it appears that Jordanian courts do not favour using UNCAC in coming to their verdicts, as Judges consider that Jordanian legisla- tion is enough to deal with corruption cases. A comparative approach between the Jordanian national law and the international treaty is initially adopted, incorporating (textual) analysis contrasting different ele- ments of national legislation in Jordan and UNCAC. A wide range of government documents and international organizations‘ reports are considered. This doctrinal style of research then leads to a second phase. Thirty face-to-face expert structured interviews were then conducted. The interviews examined opinion concerning the application of UNCAC‘s provisions by Jordan. This served to identify opinion on the strengths and challenges in current Jordanian statutes, and suggest the potential im- 3 pact that any statutory changes might have in reducing corruption in Jordan. The re- sults demonstrate a relatively high level of agreement amongst the experts concern- ing the current state of Jordan‘s law in relation to UNCAC. The research suggests that use of the law has potential to further reduce corruption in Jordan. This twin-track approach leads to insights into the nature of corruption offences in an Arab and largely Islamic context. The research provides guidelines for the imple- mentation of the UNCAC in Arab jurisdictions sharing elements of the Jordanian sit- uation. Consideration of the international review process provides insight into how such implementation might best be accomplished. The thesis contributes both to theory-building and practical understanding of how legislation may be used to combat corruption. 4 ACKNOWLEDGEMENT I thank mighty God for his mercies and kindness, without God's mercies, nothing would have been possible! I would like to express my gratitude to those who gave me the chance to complete this thesis. Specifically, Professor Barry Davies, my first supervisor, whose experience and skill have guided and advised me. He is a wonderful counselor who helped me to shape this thesis and taught me methods, which helped me in different ways to research the problem. I will be always very grateful and thank him deeply. I also would like to thank my colleagues at work. Without their expert guidance and opinion, I couldn't have completed this thesis. I am grateful to Dr. Philippa Ward, who facilitated my work and progress. Finally, I would like to mention my Mom whom I cherish and appreciate deeply. Her prayers are always around me. My sisters, Lana, Wesam, thank you, may mighty God keep and protect you. Lana you are the youngest but you are the greatest. I praise all my family, my husband and my children for being patient with me (Tarek, Hamzeh, and Leith). Thank you and God bless you all. 5 In the Name of God, the Compassionate, the Merciful. Corruption has appeared on earth and at sea because of what the hands of men have wrought; in order that God may make them taste the consequences of their actions; so that they might return. (Al- Rum, 41) بسن هللا الزحمه الزحين "ظهز الفساد في البز والبحز بما كسبت ايدي الناس ليذيقهن بعض الذي عملىا لعلهن يزجعىن " اﻵيت 14 سىرة الزوم 6 Table of Contents AUTHOR’S DECLARATION ............................................................................................................ 2 ABSTRACT .......................................................................................................................................... 3 ACKNOWLEDGEMENT ................................................................................................................... 5 TABLE OF CONTENTS ..................................................................................................................... 7 TABLE OF CASES ............................................................................................................................ 10 TABLE OF LEGISLATION.............................................................................................................. 11 ABBREVIATIONS............................................................................................................................. 13 CHAPTER ONE: INTRODUCTION .............................................................................................. 15 1.0 INTRODUCTION ........................................................................................................................... 15 1.1 RESEARCH GOALS ...................................................................................................................... 18 1.2 RESEARCH QUESTIONS ............................................................................................................... 23 1.3 STRUCTURE OF THE THESIS ........................................................................................................ 24 CHAPTER TWO: LITERATURE REVIEW & IMPLEMENTATION INTRODUCED ........... 26 2.0 INTRODUCTION ........................................................................................................................... 26 2. 1 THE IDENTIFICATION OF CORRUPTION ....................................................................................... 26 2. 2 HISTORICAL REVIEW OF CORRUPTION IN JORDAN ...................................................................... 30 2. 3 CURRENT PERSPECTIVE ............................................................................................................. 36 2. 4 THE IMPACT OF CORRUPTION IN JORDAN ................................................................................... 38 2. 5 THE IMPORTANCE OF FIGHTING CORRUPTION IN JORDAN ........................................................... 44 CHAPTER THREE: METHODOLOGY ........................................................................................ 46 3.0 INTRODUCTION 46 3.1 DESCRIPTION 47 3.2 DOCTRINAL METHODOLOGY ...................................................................................................... 49 3.3 JUSTIFICATION ............................................................................................................................ 55 3.4 STRUCTURED INTERVIEW ........................................................................................................... 60 3.5 CODING: ..................................................................................................................................... 61 3.6 PROBLEMS OF RESEARCH METHODOLOGY ................................................................................. 69 CHAPTER FOUR ANTI- CORRUPTION COMMISSION & THE UNITED NATIONS CONVENTION AGAINST CORRUPTION ................................................................................... 71 4.0 INTRODUCTION ........................................................................................................................... 71 4.1 OVERSIGHT BODIES IN JORDAN .................................................................................................. 72 4.1.1 ANTI- CORRUPTION COMMISSION .......................................................................................... 81 4.1.2 AUDIT BUREAU .....................................................................................................................
Recommended publications
  • Corruption Trends in the Middle East and North Africa Region (2007-2011)

    Corruption Trends in the Middle East and North Africa Region (2007-2011)

    www.transparency.org www.cmi.no Corruption trends in the Middle East and North Africa Region (2007-2011) Query What do anti-corruption indexes and experts say about the levels and types of corruption in MENA countries over the last five years? What are the main areas and sources of corruption? Are there specific themes and issues that are common to a number of countries? What record do governments have in tackling corruption? Are there any examples of successful anti-corruption reforms in countries in the MENA region over the past five years? We are especially interested in country based issues - rather than regional – for Egypt, Morocco, Jordan, Tunisia and Libya. Purpose Summary This Expert Answer is to assist with developing a new anti-corruption strategy in the MENA region. In Revolutions sweeping across the Middle East and particular, the donor is interested in approaches it can North Africa (MENA) region during 2011 have shone take to reduce corruption in Egypt, Morocco, Jordan, light on widespread corruption, particularly political Tunisia and Libya. The aim is to pursue effective anti- corruption in the form of stolen assets by seemingly all corruption strategies in order to contribute to peace and the deposed leaders. There also has been widespread stability in the region. evidence of prolific patronage, nepotism, and collusion between the public and private sectors that has Content contributed to the heightened levels of civil unrest and public protests. 1. Corruption trends in the MENA region (2007 – 2011) The key anti-corruption indexes — namely Transparency International’s Corruption Perceptions 2. Country specific themes, issues and anti- Index, the Bertelsmann Foundation’s Transformation corruption reforms Index, Global Integrity’s Report, Freedom House’s 3.
  • Jordan: the Geopolitical Service Provider

    Jordan: the Geopolitical Service Provider

    GLOBAL ECONOMY & DEVELOPMENT WORKING PAPER 70 | FEBRUARY 2014 Global Economy and Development at BROOKINGS JORDAN: THE GEOPOLITICAL SERVICE PROVIDER Emmanuel Comolet Global Economy and Development at BROOKINGS Emmanuel Comolet is an economist in the Middle East and North Africa department of the French Agency for Development. Acknowledgements: This paper benefitted from excellent assistance from Riana Razafimandimby Andrianjaka, and I am grateful for thoughtful comments from Hafez Ghanem, John Page, Mary Hallward-Driemeier, Akihiko Koenuma and Akira Murata. Needless to say, the shortcomings of the paper are my own. Abstract: Jordan is in the eye of the Arab cyclone. It remains stable while surrounded by chaotic political situations in Syria, Iraq, Palestine and the Sinai Peninsula. Jordan has not experienced the massive demonstrations aimed at regime change that have been seen elsewhere in the region, and its relative stability has enabled it to cash in on the geo- political services it provides. These services include: hosting refugees from Palestine, Iraq or Syria; remaining a reliable ally for many international powers; featuring a strong army that plays a stabilizing role in the region; serv- ing as an intermediary when neighboring countries need a host or a dealmaker; and providing qualified Jordanian workers to fill open vacancies for companies and countries, especially in the Gulf. The current stability in Jordan matches well its historic capacity to resist and adapt to shocks. However, the contemporary situation of the labor market reveals that the weaknesses observed in the countries having experienced revolutions (e.g., Tunisia and Egypt) are also present in Jordan; labor market participation is low with very few women active, and the unemploy- ment rate of educated young people is worrisome.
  • Youth Activism in Tunisia, Egypt, and Jordan As Case Studies

    Youth Activism in Tunisia, Egypt, and Jordan As Case Studies

    Structure of Mobilization and Democratization: Youth Activism in Tunisia, Egypt, and Jordan as Case Studies by Mohammad Yaghi A Thesis presented to The University of Guelph In partial fulfilment of requirements for the degree of Doctor of Philosophy in Political Science Guelph, Ontario, Canada © Mohammad Yaghi, April, 2015 ABSTRACT STRUCTURE OF MOBILIZATION AND DEMOCRATIZATION: YOUTH ACTIVISM IN TUNISIA, EGYPT, AND JORDAN AS CASE STUDIES Mohammad Yaghi Advisors: Professor Janine A. Clark University of Guelph, 2015 Professor Jordi Diez Professor Francesco Cavatorta This dissertation argues for a correlation between the dynamics of the protests at their climax and the processes of democratization in case these protests succeed. Using youth activism in Tunisia and Egypt where the protests succeeded, and in Jordan where they failed as a contrasting case study, this research shows that youth activism leads to democratization if three conditions are met at the protests’ apex: domination of autonomous youth movements, an inclusive master frame (MF), and a decentralized leadership. In doing so, the research provides an atypical narrative about the role of activists during the protests in Tunisia, Egypt, and Jordan. The primary sources that informed this research are not only based on the activists themselves, but also on the analysis of the protests videos, slogans, and documents of the youth movements. Furthermore, the research contributes to the literature on social movements in four domains. First, it reveals that the state’s use of repression and the way it uses it is a necessary condition, but is insufficient to turn a reform protest cycle into a revolution; the other necessary condition is that an autonomous opposition also must be dominant when the state uses repression.
  • Jordan Rule of Law and Anti-Corruption Assessment

    Jordan Rule of Law and Anti-Corruption Assessment

    JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESSMENT Prepared under Task Order, AID-278-TO-13-00001 under the Democracy and Governance Analytical Ser- vices Indefinite Quantity Contract, AID-OAA-I-10-00004. Submitted to: USAID/Jordan Prepared by: Charles Costello Rick Gold Keith Henderson Contractor: Democracy International, Inc. 7600 Wisconsin Avenue, Suite 1010 Bethesda, MD 20814 Tel: 301.961.1660 Email: [email protected] JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESS- MENT June 2013 The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS INTRODUCTION ................................................................................. 1 BACKGROUND .................................................................................... 2 PART I: RULE OF LAW ....................................................................... 5 PART II: ANTI-CORRUPTION ......................................................... 24 FINDINGS AND RECOMMENDATIONS ....................................... 46 ANNEX A: PRIORITIZED RECOMMENDED ACTIVITIES......... A-1 ANNEX B: SCOPE OF WORK ........................................................ B-1 ANNEX C: BIBLIOGRAPHY ........................................................... C-1 ANNEX D: LIST OF INTERVIEWEES ........................................... D-1 ACRONYMS ABA American Bar Association ACC Anti-Corruption Commission CC Constitutional Court Convention to Eliminate All
  • Here a Causal Relationship? Contemporary Economics, 9(1), 45–60

    Here a Causal Relationship? Contemporary Economics, 9(1), 45–60

    Bibliography on Corruption and Anticorruption Professor Matthew C. Stephenson Harvard Law School http://www.law.harvard.edu/faculty/mstephenson/ March 2021 Aaken, A., & Voigt, S. (2011). Do individual disclosure rules for parliamentarians improve government effectiveness? Economics of Governance, 12(4), 301–324. https://doi.org/10.1007/s10101-011-0100-8 Aaronson, S. A. (2011a). Does the WTO Help Member States Clean Up? Available at SSRN 1922190. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1922190 Aaronson, S. A. (2011b). Limited partnership: Business, government, civil society, and the public in the Extractive Industries Transparency Initiative (EITI). Public Administration and Development, 31(1), 50–63. https://doi.org/10.1002/pad.588 Aaronson, S. A., & Abouharb, M. R. (2014). Corruption, Conflicts of Interest and the WTO. In J.-B. Auby, E. Breen, & T. Perroud (Eds.), Corruption and conflicts of interest: A comparative law approach (pp. 183–197). Edward Elgar PubLtd. http://nrs.harvard.edu/urn-3:hul.ebookbatch.GEN_batch:ELGAR01620140507 Abbas Drebee, H., & Azam Abdul-Razak, N. (2020). The Impact of Corruption on Agriculture Sector in Iraq: Econometrics Approach. IOP Conference Series. Earth and Environmental Science, 553(1), 12019-. https://doi.org/10.1088/1755-1315/553/1/012019 Abbink, K., Dasgupta, U., Gangadharan, L., & Jain, T. (2014). Letting the briber go free: An experiment on mitigating harassment bribes. JOURNAL OF PUBLIC ECONOMICS, 111(Journal Article), 17–28. https://doi.org/10.1016/j.jpubeco.2013.12.012 Abbink, Klaus. (2004). Staff rotation as an anti-corruption policy: An experimental study. European Journal of Political Economy, 20(4), 887–906. https://doi.org/10.1016/j.ejpoleco.2003.10.008 Abbink, Klaus.
  • By Submitted in Partial Fulfillment of the Requirements for the Degree Of

    By Submitted in Partial Fulfillment of the Requirements for the Degree Of

    FROM DIWAN TO PALACE: JORDANIAN TRIBAL POLITICS AND ELECTIONS by LAURA C. WEIR Submitted in partial fulfillment of the requirements For the degree of Doctor of Philosophy Dissertation Adviser: Dr. Pete Moore Department of Political Science CASE WESTERN RESERVE UNIVERSITY January, 2013 CASE WESTERN RESERVE UNIVERSITY SCHOOL OF GRADUATE STUDIES We hereby approve the thesis/dissertation of Laura Weir candidate for the Doctor of Philosophy degree *. Pete Moore, Ph.D (chair of the committee) Vincent E. McHale, Ph.D. Kelly McMann, Ph.D. Neda Zawahri, Ph.D. (date) October 19, 2012 *We also certify that written approval has been obtained for any proprietary material contained therein. ii TABLE OF CONTENTS List of Tables v List of Maps and Illustrations viii List of Abbreviations x CHAPTERS 1. RESEARCH PUZZLE AND QUESTIONS Introduction 1 Literature Review 6 Tribal Politics and Elections 11 Case Study 21 Potential Challenges of the Study 30 Conclusion 35 2. THE HISTORY OF THE JORDANIAN ―STATE IN SOCIETY‖ Introduction 38 The First Wave: Early Development, pre-1921 40 The Second Wave: The Arab Revolt and the British, 1921-1946 46 The Third Wave: Ideological and Regional Threats, 1946-1967 56 The Fourth Wave: The 1967 War and Black September, 1967-1970 61 Conclusion 66 3. SCARCE RESOURCES: THE STATE, TRIBAL POLITICS, AND OPPOSITION GROUPS Introduction 68 How Tribal Politics Work 71 State Institutions 81 iii Good Governance Challenges 92 Guests in Our Country: The Palestinian Jordanians 101 4. THREATS AND OPPORTUNITIES: FAILURE OF POLITICAL PARTIES AND THE RISE OF TRIBAL POLITICS Introduction 118 Political Threats and Opportunities, 1921-1970 125 The Political Significance of Black September 139 Tribes and Parties, 1989-2007 141 The Muslim Brotherhood 146 Conclusion 152 5.
  • Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2

    Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2

    Advances in Social Science, Education and Humanities Research, volume 492 Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019) Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2 1Faculty of Syariah, Universitas Islam Negeri Raden Intan Lampung, Bandar Lampung, Indonesia 2Faculty of Ushuluddin and Religous Study, Universitas Islam Negeri Raden Intan Lampung, Bandar Lampung, Indonesia *Corresponding author. Email: [email protected] ABSTRACT The treasure of Mazhab Fiqh (the school of thoughts in Islamic jurisprudence) is somewhat difficult to accommodate the legal conditions of modern Islamic marriage. The new law must accommodate the benefit of life, which is the aim of Islamic law reconciliation, in the present time. Marriage law in Jordan also does not fully adhere to the majority of mazhab fiqh in the country. However, many maslahat (public common welfare) have accommodated their values. The focus of this study is to study the marriage law in Jordan and the dynamics of Islam and local culture in marriage law in Jordan. This study concludes the following. In the renewal of marriage law in Jordan, it still maintains the maqāsid al-syarī'ah (the goal of Islamic law) for the achievement of the benefit of the law and rejects harm. Jordanian family law is inseparable from the local wisdom that is owned and institutionalized in the community. Renewing marriage law in Jordan is done with the principle of preserving an existing law or regulation that is considered good, and developing it with a better law or better regulation.
  • Jordan and the World Trading System: a Case Study for Arab Countries Bashar Hikmet Malkawi the American University Washington College of Law

    Jordan and the World Trading System: a Case Study for Arab Countries Bashar Hikmet Malkawi the American University Washington College of Law

    American University Washington College of Law Digital Commons @ American University Washington College of Law SJD Dissertation Abstracts Student Works 1-1-2006 Jordan and the World Trading System: A Case Study for Arab Countries Bashar Hikmet Malkawi The American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/stu_sjd_abstracts Part of the Economics Commons, and the Law Commons Recommended Citation Malkawi B. Jordan and the World Trading System: A Case Study for Arab Countries [S.J.D. dissertation]. United States -- District of Columbia: The American University; 2006. Available from: Dissertations & Theses @ American University - WRLC. Accessed [date], Publication Number: AAT 3351149. [AMA] This is brought to you for free and open access by the Student Works at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in SJD Dissertation Abstracts by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. JORDAN AND THE WORLD TRADING SYSTEM A CASE STUDY FOR ARAB COUNTRIES By Bashar Hikmet Malkawi Submitted to the Faculty of the Washington College of Law of American University in Partial Fulfillment of the Requirements for the Degree of Doctor of Juric] Dean of the Washington College of Law Date / 2005 American University 2 AMERICAN UNIVERSITY LIBRARY UMI Number: 3351149 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction.
  • Key Long-Term Development Issues in Jordan

    Key Long-Term Development Issues in Jordan

    LONG-TERM DEVELOPMENT ISSUES IN JORDAN Tayseer Abdel Jaber Working Paper 9522 A C 7 9522 The Economic Research Forum for the Arab Countries, Iran and Turkey (ERF) was established in June 1993 as an independent, non-profit regional networking organization. Its mission is to pro- mote policy-relevant economic research with a broad representation of views to help activate the policy-formulation debate in the region, by encouraging and funding quality research, and by disseminating results of research activities to economists and policy-makers. The ERF Working Papers Series disseminates the findings of research work in progress to promote the exchange of ideas and encourage discussion and comment among researchers for timely revi- sion by the authors. The Working Papers are intended to make preliminary research results available with the least possible delay. They have therefore not been edited nor made subject to formal peer review by ERF staff and ERF accepts no responsibility for errors. The views expressed in the Working Papers are those of the author(s) and not those of ERF. Unless otherwise stated, copyright is held by the author(s). Requests for permission to quote their contents should be addressed directly to the author(s). IDRC - Lib. // 1-/ -"7 7 KEY LONG-TERM DEVELOPMENT ISSUES IN JORDAN Tayseer Abdel Jaber Working Paper 9522 Please address correspondence to: Tayseer Abdel Jaber, Director, Arab Consulting Center, P.O.Box 926550, Amman 11110, Jordan. Fax: (962-6) 696714. KEY LONG TERM DEVELOPMENT ISSUES IN JORDAN* Tayseer Abdel Jaber Arab Consulting Center This is the revised version of a paper presented at the workshop on"Strategic Visions for the Middle East and North Africa" held in Gammarth, Tunisia on 9-11 June, 1995.
  • The Values, Beliefs, and Attitudes of Elites in Jordan Towards Political, Social, and Economic Development

    The Values, Beliefs, and Attitudes of Elites in Jordan Towards Political, Social, and Economic Development

    Portland State University PDXScholar Dissertations and Theses Dissertations and Theses Spring 6-3-2014 The Values, Beliefs, and Attitudes of Elites in Jordan towards Political, Social, and Economic Development Laila Huneidi Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the Asian Studies Commons, and the Public Affairs Commons Let us know how access to this document benefits ou.y Recommended Citation Huneidi, Laila, "The Values, Beliefs, and Attitudes of Elites in Jordan towards Political, Social, and Economic Development" (2014). Dissertations and Theses. Paper 2017. https://doi.org/10.15760/etd.2016 This Dissertation is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. The Values, Beliefs, and Attitudes of Elites in Jordan towards Political, Social, and Economic Development by Laila Huneidi A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Public Affairs and Policy Dissertation Committee: Masami Nishishiba, Chair Bruce Gilley Birol Yesilada Grant Farr Portland State University 2014 i Abstract This mixed-method study is focused on the values, beliefs, and attitudes of Jordanian elites towards liberalization, democratization and development. The study aims to describe elites’ political culture and centers of influence, as well as Jordan’s viability of achieving higher developmental levels. Survey results are presented. The study argues that the Jordanian regime remains congruent with elites’ political culture and other patterns of authority within the elite strata.
  • Privacy Protection in the Information and Communications Technology

    Privacy Protection in the Information and Communications Technology

    University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2011 Privacy protection in the information and communications technology (ICT): a comparative analysis of the laws of the United States, European Union and Jordan Akram Almatarneh University of Wollongong, [email protected] Recommended Citation Almatarneh, Akram, Privacy protection in the information and communications technology (ICT): a comparative analysis of the laws of the United States, European Union and Jordan, Doctor of Philosophy thesis, Faculty of Law, University of Wollongong, 2011. http://ro.uow.edu.au/theses/3470 Research Online is the open access institutional repository for the University of Wollongong. For further information contact Manager Repository Services: [email protected]. Privacy Protection in the Information and Communications Technology (ICT): A Comparative Analysis of the Laws of the United States, European Union and Jordan A Thesis Submitted in Fulfilment of the Requirements for the Award of the Degree of Doctor of Philosophy From University of Wollongong By Akram Almatarneh LL.B (MU, Jordan) LL.M (UWS, Australia) M.Phil (Macquarie University, Australia) Faculty of Law 2011 SUMMARY OF CONTENTS CONTENTS………………………………………………….. ii LIST of FIGURES, TABLES and APPENDICES………….. viii ABBREVIATIONS…………………………………………... ix ACKNOWLEDGMENTS………………………………….... xi STATEMENT OF AUTHORSHIP……………………….... xiii AUTHOR’S PUBLICATIONS……………………………… xiv ABSTRACT………………………………………………….. xv CHAPTERS 1–9…………………………………………….... 1 BIBLIOGRAPHY……………………………………………. 447 APPEDNICES………………………………………………... 478 i CONTENTS Chapter One General Introduction 1.1 Background to the Research……………………………………………... 1 1.2 Statement of the Problem………………………………………………... 3 1.3 Research Questions……………………………………………………….. 8 1.4 Conceptual Framework…………………………………………………... 9 1.5 Aims and Objectives of the Research…………………………………… 17 1.6 Approach and Methodology……………………………………………..
  • Bankruptcy in Ja'farī Jurisprudence

    Bankruptcy in Ja'farī Jurisprudence

    ISSN: 2687-1882 Cilt / Volume: 2 Sayı / Issue: 2 Aralık /December 2020 Bankruptcy in Ja’farī Jurisprudence Caferî Hukukunda İflas Heshmatollah Samavati PhD, Independent Author Iran [email protected] https://orcid.org/0000-0003-0823-5122 Makale Bilgisi/Article Information Makale Türü/Article Type: Araştırma Makalesi / Research Article Geliş Tarihi / Date Received: 16.10.2020 Kabul Tarihi / Date Accepted: 22.12.2020 Yayın Tarihi /Date Published: 31.12.2020 DOI: https://doi.org/10.48203/siader.811434 Atıf/Citation: Samavati, Heshmatollah, “Bankruptcy in Ja’farī Jurisprudence”, Turkish Journal of Shiite Studies 2/2 (Aralık 2020): 203-220. doi: 10.48203/siader.811434 İntihal: Bu makale, Turnitin yazılımınca taranmıştır. İntihal tespit edilmemiştir. Plagiarism: This article has been scanned by Turnitin. No plagiarism detected. Web: https://dergipark.org.tr/tr/pub/siader mailto: [email protected] Bankruptcy in Ja’farī Jurisprudence 204 Abstract The study examines bankruptcy in Islam from the perspective of the Ja'farī school of ju- risprudence. To this end, it first describes the meaning of the term ‘iflās’ (bankruptcy). Then, considering the connection between ‘i’sār’ (insolvency) and iflās, the article elucida- tes the relationship between iflās and i’sār as well as the differences between them. However, the main issues the paper deals with are the conditions required for the issuance of the bankruptcy judgment and its effects on the debtor and the creditors. Meanwhile, it seeks to show that the provisions of Islamic and Shiite bankruptcy laws are debtor-friendly. Moreover, the article explores the Shiite resources in order to demonstrate the similarities between Islamic bankruptcy and the prevailing laws in Western countries.