Objective Conditions for Stay of Execution of Administrative Decisions in the French State Council\u27s Decisions and Jordanian High Court of Justice: A comparative Study

The purpose of this research is to analyze the required objective conditions to accept the application to stay the execution of administrative decisions objected for cancellation in the judgement of the French State Council and Jordanian High court of justice. This study concludes that the stay of execution can\u27t exist except in face of final administrative decisions and there should be an interest for the objector and irreparable damage in case of execution of the decision and the application for stay of execution should stand on serious reasons. In conclusion the study invites the Jordanian Administrative Judge to specify the damage and the serious reasons as they are the most important conditions in calling for stay of execution in the judgment recitals and not to rest on referring to article no (20) of the law of the High court of justice no 12 of 1992, which includes all the conditions for stay Of execution (objectives and formals)

Flexibility versus rigidity in the practice of Islamic Family law

The last decades have witnessed a sustained critique of the mainstream Orientalist notion that classical Islamic family law was rigid, inflexible, and homogeneous. Many historians have used innovative methods to demonstrate that jurists and judges in precodification times enjoyed the intellectual space to translate the principles of the Qur an and Sunna into socially workable rules. Yet, perhaps unwittingly, these authors have presented classical Islamic family law as flexible by contrasting it with postcodification legal practice. The latter is represented as characterized by rigidity and textuality due to, among other things, the prominent role of the nation-state in many Muslim countries. On the basis of extensive fieldwork in 2002–2003, this article juxtaposes the claim of inflexibility with ethnographic material in order to properly conceptualize the present-day practice of Islamic family law. I argue that the role of the state should not be overemphasized at the expense of the analytical significance of actors’ agency, including that of the judges, in effecting change. The analysis shows that, despite codification, Islamic family law in many Muslim countries is still characterized by flexible, heterogeneous, and context-bound implementation

The General Principles of Law Relating to the Concept of Freedom in the Judgments of the Administrative Judicature A Comparative Study

The aim of this research is to study the general principles of law in connection with the concept of freedom in the judgements of the French State Council and the Jordanian Supreme Court of Justice. The paper tackled these principles directly through discussion of the General freedoms as defined b! laws and indirectly through examination of the general principles of la! Relating to organization of public authorities and function of the administrative judicature as well. The study in its conclusion pointed out to the obvious difference between the general principles defined by law and the general principles on organization 01 powers of the administrative judicature

The Principle of Equality in Public Service Appointments and Its Application in Administrative Judicial Stipulations A comparative Study

The purpose of this research is to analyses the principle of equality in choosing between applicants for public service vacancies as it is one of serval fundamental principles governing appointment in public service. The study concluded that discrimination among candidates for public service vacancies on the basis of political, religious or sex considerations is not admissible under the Internationl conventions and constitutions of states. Though the suitability of a nominee to occupy a certain vacancy is to be decided by the concerned authority according to its discretionary power, yet such decision should not be a basis of error in law, error apparent of appreciation, detour of power, or error in fact. However, sex discrimmation is only acceptable, provided it is superintended by the court

Negotiating Custody Rights in Islamic Family Law

Introduction The following examines the application of Islamic family law with regard to custody and custody rights in the Gaza city sharī‘a courts.1 Four objectives are pursued in the paper. First, it identifies areas of gender asymmetry in the legal code, which distinguishes female-oriented physical care of the ward (hadāna) from male-oriented guardianship (wilāya). Second, while examining the strategies adopted by men and women in claiming (or refraining from claiming) custody rights, the paper identifies areas of tension between the textually prescribed custody rights and their highly differentiated social construction. Thirdly, in fulfilling these objectives, it demonstrates the ways in which judges deal with various aspects of custody, and how, in the process, a knowledge of social norms overshadows the text; it will argue that today’s judges are still loyal to the heritage of Islamic jurisprudence, which asserts the concepts of fairness, consideration of the context, and protection of the weak. Finally, the conduct of judges is elaborated with reference to the notion of ijtihād (independent reasoning) in the contemporary application of Islamic family law. An illustrative case is presented to argue these points

Religious Mediators in Palestine

The spatial and social fragmentation of the Palestinian territories has not only weakened judicial and police systems, but also undermined classical conflict resolution mechanisms based on kinship and other forms of social proximity. In this context, new religious mediators are gaining ground. The author shows that by appealing to “Islamic values” as the only remaining connecting principle, these new legal actors have played a key role in preventing the disintegration of now isolated communities

The Influence of Ottoman Empire on the conservation of the architectural heritage in Jerusalem

Jerusalem is one of the oldest cities in the world. It was built by the Canaanites in 3000 B.C., became the first Qiblaof Muslims and is the third holiest shrine after Mecca and Medina. It is believed to be the only sacred city in the world that is considered historically and spiritually significant to Muslims, Christians, and Jews alike. Since its establishment, the city had been subjected to a series of changes as the result of political, economic and social developments that affected the architectural formation through successive periods from the beginning leading up to the Ottoman Era, which then achieved relative stability. The research aims to examine and review the conservation mechanisms of the architectural buildings during the Ottomans rule in Jerusalem for more than 400 years, and how the Ottoman Sultans had contributed in revitalizing and protecting the city from loss and extinction. The researcher followed the historical interpretive method using descriptive analysis based on a literature review and preliminary study to determine Ottoman practices in conserving the historical and architectural heritage of Jerusalem. The research found that the Ottoman efforts towards conserving the architectural heritage in Jerusalem fell into four categories (Renovation, Restoration, Reconstruction and Rehabilitation). The Ottomans focused on the conservation of the existing buildings rather than new construction, because of their respect of local traditions and the holy places.Yerusalem adalah salah satu kota tertua di dunia. Dibangun oleh orang-orang Kanaan pada 3000 SM, kota ini menjadi kiblat pertama umat Islam dan merupakan tempat suci ketiga setelah Mekkah dan Madinah. Kota ini diyakini sebagai satu-satunya kota suci di dunia yang dianggap penting secara historis dan spiritual bagi umat Islam, Kristen, dan Yahudi. Sejak didirikan, kota ini telah mengalami serangkaian perubahan sebagai akibat dari perkembangan politik, ekonomi dan sosial yang memengaruhi pembentukan arsitektur melalui periode-periode berturut-turut dari awal menuju era Ottoman, yang kemudian mencapai stabilitas relatif. Penelitian ini bertujuan untuk menguji dan meninjau mekanisme konservasi bangunan arsitektur selama pemerintahan Ottoman di Yerusalem selama lebih dari 400 tahun, dan bagaimana Sultan Ottoman telah berkontribusi dalam merevitalisasi dan melindungi kota dari kehilangan dan kepunahan. Peneliti mengikuti metode interpretif historis dan analisis deskriptif berdasarkan tinjauan literatur dan studi pendahuluan untuk menentukan praktik Ottoman dalam melestarikan warisan sejarah dan arsitektur Yerusalem. Penelitian ini menemukan bahwa upaya Ottoman ke arah pelestarian warisan arsitektur di Yerusalem jatuh ke dalam empat kategori (Renovasi, Restorasi, Rekonstruksi dan Rehabilitasi). Ottoman berfokus pada konservasi bangunan yang ada daripada konstruksi baru, karena rasa hormat mereka terhadap tradisi lokal dan tempat-tempat suci.