Dirasat: Shari'a and Law Sciences

Wages in Jordan’s Textile and Garment Sector: An Analytical Study of Minimum Wage Decisions in the Light of International Standards

Abed Aljawad Alnatshah — 2025-12-18

Objectives: This study aims to provide a precise and comprehensive legal analysis of the regulatory framework governing the wages of workers in the textile and garment sector in Jordan, including both the cash and in-kind components of wages, as well as the mechanisms for determining these wages and their annual increments within the sector.

Methods: The study adopts a descriptive and analytical methodology, supported by benchmarking against relevant international labor standards, particularly the International Labor Organization (ILO) Conventions No. 100, 111, and 131. This aims to assess the extent to which the wage policy applied in the sector aligns with the international obligations of the Hashemite Kingdom of Jordan.

Results: The findings reveal a clear gap between the legal provisions that grant the Tripartite Committee the authority to determine the minimum wage and the committee’s actual practice, which has relied on issuing general decisions without effectively utilizing its authority to set a minimum wage for a specific region, occupation, or age group as permitted by legislation.

Conclusion: Workers in the textile and garment sector suffer from several forms of injustice, most notably their exclusion from the general minimum wage framework. Instead, they are subject to a sector-specific wage structure comprising both cash and in-kind components, with no clear standards for valuing the in-kind portion. This has adversely affected the fairness of wage practices in the sector.

Defect as a Basis for Liability of Artificial Intelligence Products in the European and Jordanian Legislations

Mohammad Ali Ahmad Alamawi — 2025-12-24

Objectives: This study aims to highlight the solutions introduced by EU Directive 2024/2853 to address challenges faced by claimants seeking compensation for harm caused by defective AI systems as digital products, and to explore the feasibility of adopting these solutions in Jordan under existing traditional legal frameworks.

Methods: A comparative analytical approach was used by examining the key provisions of EU Directive 2024/2853 concerning AI systems as digital products, comparing them with conventional legal provisions under Jordanian law, and assessing the adaptability of these rules in light of the Directive’s outcomes.

Results: The European Union Directive expanded the concept of “products” to include artificial intelligence systems and established a regime of strict liability for damages caused by such systems. In contrast, the Jordanian Consumer Protection Law continues to govern traditional products. However, the general provisions and principles of Jordanian legislation can be adapted and interpreted in a manner consistent with the outcomes of the European Union Directive.

Conclusions: Jordan remains in the early stages of AI regulation, having not yet moved beyond ethical principles. Meanwhile, what began in Europe as non-binding guidelines has evolved into binding legislation through Directive 2024/2853, which expanded the concept of “product” to include digital and AI-based systems. This study explores how Jordan might incorporate the Directive’s outcomes into its current legal framework, particularly through consumer protection law.

Indecent Assault via Technology under Jordanian Criminal Act: A Comparative Study

Ashraf Fatehi Al-Rai — 2025-12-21

Objectives: The study highlights the legislative shortcomings in addressing the crime of electronic indecent assault within the Jordanian Cybercrime Act No. 17 of 2023. It also proposes legislative solutions, particularly since the law does not explicitly address this crime, which the Jordanian judiciary has adjudicated.

Methods: The study employed a qualitative descriptive-analytical approach, reviewing relevant legal provisions, analyzing their content, and comparing them with other legislations. Additionally, it drew upon judicial precedents and legal opinions to provide a comprehensive perspective on the legal challenges posed by the examined legal text.

Results: The study concluded that the Jordanian Cybercrime Act No. 17 of 2023 does not define the concept of electronic indecent assault, nor does it explicitly criminalize it. However, Jordanian courts have relied on the Penal Code to classify acts, such as viewing the victim’s intimate parts, through electronic means, as a complete offense of indecent assault.

Conclusion: While the Jordanian Cybercrime Law No. 17 of 2023 covers crimes such as sexual exploitation and the dissemination of pornographic materials, it fails to specifically address electronic indecent assault, thereby creating a legal loophole in addressing this crime. The study, therefore, recommends several measures, including adding a provision criminalizing indecent assault through technological means to address this legislative gap.

Criminally Illegal Use of Virtual Avatars in the Metaverse

Mohannad Walid Al-Haddad — 2026-02-22

Objectives: This study examines the criminally illegal use of virtual avatars in the metaverse, which has become an attractive environment for cybercrime due to the functional and interactive features of avatars. Such activities include offenses against property and persons, including virtual sexual exploitation. The study aims to assess the readiness of cybercrime law to confront avatar-related criminal activities in the metaverse and to propose a legal vision for applying criminal liability to these acts.

Methods: The study employed three research methods: a descriptive method to identify the phenomenon of criminal attacks involving virtual avatars; an analytical method to examine legal and jurisprudential positions on criminal liability for the illegal use of avatars; and a comparative method focusing on Jordanian cybercrime legislation, with reference to British law where relevant.

Results: The findings indicate that the metaverse represents an emerging technological environment that existing cybercrime laws are largely ill-equipped to regulate. Many forms of avatar-related misconduct fall outside current legal frameworks. The study emphasizes the need for Jordanian lawmakers to reconsider cybercrime legislation and to explore the adoption of a form of virtual legal personality for avatars to enable effective criminal accountability.

Conclusions: The study concludes that some metaverse-related attacks may fall under cybercrime law when their effects extend into the real world. However, other attacks remain unregulated despite their serious psychological impact on users, highlighting the need for explicit criminalization within future legal reforms.

Legal Implications of a Foreign Wife’s Acquisition of Her Jordanian Husband’s Nationality on Her Personal Status: An Analytical Study in Light of the Jordanian Nationality Law and Personal Status Law

Khattab Ismail Arabyatt — 2025-12-24

Objectives: This study aims to analyze the legal changes that occur in the rights and obligations of spouses after a foreign wife acquires her Jordanian husband's nationality, and to assess the impact of such naturalization on the marital relationship, child custody, alimony, and inheritance. It also seeks to examine the extent to which the naturalized wife is treated equally to Jordanian-born wife under Jordanian Personal Status Law, and to explore legal implications of acquiring Jordanian nationality through marriage.

Methods: The study adopts a descriptive-analytical approach by examining and analyzing relevant legal texts in both Jordanian Personal Status Law and Nationality Law. The aim is to clarify legal dimensions and consequences of a foreign wife's acquisition of Jordanian nationality, and to determine whether legal equality is achieved between naturalized wife and Jordanian-born wife regarding marital rights and obligations.

Results: The results indicate that there are multiple legal avenues for acquiring Jordanian nationality, most notably through mixed marriage, subject to specific conditions outlined in the law. Once the foreign wife acquires Jordanian nationality, she is granted full legal rights and responsibilities and is treated equally to Jordanian-born wife in terms of marital rights, custody, inheritance, and related family matters.

Conclusion: The study recommends simplifying the legal procedures for acquiring nationality and ensuring equal treatment for all individuals who are eligible. This contributes to promoting justice and equality within society.

The Compound Consensus in Its Two Forms: Consensus Based on Multiple Rationales and the Absence of a Differentiating Opinion — An Applied Study in the Principles of Islamic Jurisprudence within the Hanafi School

Husni Mabrouk Faraj Al-Dlain — 2026-01-07

Objectives: This study examined the legal status of compound consensus in its two forms: (1) consensus derived from multiple rationales and (2) consensus formed in the absence of any scholar differentiating between rulings. It defined both forms and explored the legal branches founded upon them through applied jurisprudential examples within the Hanafi school. The study further aimed to demonstrate how these types of consensus influence legal reasoning both within and beyond the school, and their overall impact on Islamic legal rulings.

Methods: The research employed three methodological approaches: a descriptive method to outline the concept of consensus, its conditions, causes, and rulings; an analytical method to evaluate and clarify juristic opinions; and a deductive method to derive conclusions relevant to the topic.

Results: The findings indicated that compound consensus constitutes valid legal evidence whose legitimacy is not undermined by potential corruption in its underlying rationale. When disagreement arises from a shared origin, compound consensus based on the absence of a differentiating scholar remains binding on both parties. However, if the root of disagreement differs, such consensus loses its binding authority.

Conclusions: The study concludes that compound consensus is a legitimate source of Islamic law, even when agreement on rulings stems from differing rationales, as in the example of categorizing rice under the usury of excess. The absence of a differentiating opinion likewise carries binding authority in scholarly discourse.

Regenerative Aesthetic Medicine for Women: A Jurisprudential and Applied Analysis

Rudaina Ibrahim Al-rifai — 2025-12-14

Objectives: This study aims to clarify the concept of regenerative cosmetic medicine, examine the motives that drive women to undergo such procedures, explore the jurisprudential foundations for their application, and outline Sharia-based ethical guidelines. Regenerative cosmetic medicine is considered a contemporary medical issue (nawāzil) that requires a precise religious ruling.

Methods: The study employs a descriptive and inductive methodology, collecting scholarly opinions, attributing them to their original sources with supporting evidence, and conducting comparative analysis to identify the most accurate views. Textual analysis of Islamic legal sources is also used to derive rulings on modern issues by referencing classical jurisprudential cases and building upon them.

Results: The study concludes that using regenerative cosmetic techniques to remove wrinkles in elderly women is impermissible except when medically necessary, in which case it becomes permissible. Lip blushing is permissible if carried out under specific Sharia-compliant conditions. The ruling on skin peeling varies according to the type of procedure and its intended purpose.

Conclusions: This study addresses contemporary debates surrounding regenerative cosmetic procedures that involve replacing or restoring damaged cells and tissues with modern techniques for facial and body enhancement. It examines Islamic legal rulings related to procedures such as filler injections, Botox, laser treatments, chemical peels, and similar techniques, providing a jurisprudential framework for their evaluation.

Issues of the Term Hadith in “The Introduction to the Book of Al-Iklīl” by Al-Ḥākim al-Naysābūrī: A Critical Study

Haifa Mostafa Al-Ziadah — 2025-12-18

Objectives: This study aimed to highlight the scholarly status of Al-Ḥākim al-Naysābūrī in the science of the Noble Ḥadīth. As one of the earliest scholars to author works in this field, he gained the distinction of precedence and deserves scholarly attention through dedicated study of his writings. The researchers examined one of his works that is relatively obscure compared to others in the same discipline, despite its containing dense and concentrated rules in the science of Ḥadīth terminology. These rules require analysis and examination. The study also sought to showcase Al-Ḥākim’s distinguished effort in this work, clarify the importance of Ḥadīth terminology as a discipline that students of knowledge should give due attention to and master, and highlight the issues and terminological principles it contains, which benefit students of Islamic sciences in general and students of Ḥadīth in particular. The study further aimed to analyze, compare, and examine individual issues of Ḥadīth terminology.

Methods: The researchers relied on both the inductive and analytical approaches, along with comparative analysis of Ḥadīth-related issues against what Al-Ḥākim al-Naysābūrī presented in his book ʿUlūm al-Ḥadīth (Hadith Sciences).

Results: Among the most important findings of the study is that Al-Ḥākim al-Naysābūrī—may God have mercy on him—was one of the eminent critics who held a high scholarly rank. He authored numerous works in the science of the Noble Ḥadīth and was among the earliest scholars to write in the discipline of terminology. His book Al-Madkhal ilā al-Iklīl, the subject of this study, contains several specialized issues and discussions in Ḥadīth sciences and terminology.

Conclusions: The study recommends that specialized researchers conduct further research examining the works of Al-Ḥākim al-Naysābūrī through study and analysis. Al-Ḥākim and his writings are worthy of scholarly attention and of drawing upon his knowledge—especially his book Al-Madkhal ilā Kitāb al-Iklīl.

Differences among Sheikhs Regarding the Reasons For Disagreement among Imams in the Hanafi School of Thought: An Applied Study

Mamoun Mujalli Abu Jaber — 2026-01-07

Objectives: This study aims to clarify the intended meaning of Sheikhs in the Hanafi school of thought, to highlight their main scholarly contributions within the school, and to examine the reasons for their differences regarding the reasons for disagreement among the imams of the Hanafi school. It also seeks to present applied examples illustrating these differences.

Methods: The study adopts inductive, analytical, and inferential approaches by tracing instances of differences among Sheikhs regarding the reasons for disagreement, classifying and analyzing the relevant evidences, and inferring the underlying causes of divergence, with reference to authoritative Hanafi sources.

Results: The findings show that the term Sheikhs in the Hanafi school refers to scholars who did not meet Imām Abū Ḥanīfa. Hanafi jurists distinguished between the ranks of imams, mujtahids, and Sheikhs. The scholarly contributions of the Sheikhs included verification, juristic extrapolation, preference, legal reasoning, and deriving rulings for new issues based on the principles of the school. The reasons for differences among Sheikhs regarding the reasons for disagreement were varied, with differences in understanding and in evidentiary reasoning being among the most significant. These differences continued into later generations of the school, as demonstrated by the applied examples examined in this study.

Conclusion: Differences in the Hanafi school were not confined to the imams themselves or to their evidentiary reasoning, but extended to the Sheikhs in their identification and extrapolation of the reasons for disagreement among the imams, as reflected in a number of applied juristic issues preserved in the school’s literature.

Selling Mortgaged Property Without the Mortgagee's Permission Before the Debt is Due in Islamic Jurisprudence: A Comparative Analytical Jurisprudential Study

Emad Abdel Hafiz Ali Alzyadat — 2026-01-07

Objectives: This study aims to clarify the ruling in Islamic jurisprudence on a mortgagor’s sale of mortgaged property without the mortgagee’s permission before the debt becomes due, and to examine the legal effects of such a sale before and after the mortgagee takes possession of the property.

Methods: The study employs an analytical approach to examine juristic texts and identify scholars’ opinions and reasoning, along with a comparative approach to compare the views of the Islamic legal schools and determine the preponderant opinion.

Results: The study reached several conclusions, the most important of which is that the contract of sale concluded by the mortgagor for the mortgaged property without the mortgagee’s permission before the debt becomes due is a suspended (non-final) contract, whether the sale occurs before or after the mortgagee takes possession of the mortgaged property. If the mortgagor delivers the mortgaged property to the buyer and it is lost while in the buyer’s possession, the mortgagee has the right to rescind the contract of sale or the loan contract with the mortgagor, due to the absence of the agreed-upon security of the mortgage.

Conclusion: The mortgagor has no right to sell the mortgaged property except with the permission of the mortgagee; otherwise, the contract remains suspended pending the mortgagee’s approval. If the mortgagor sells it without such permission, the mortgagee is entitled to take any action necessary to preserve and protect his right.

Borrowed Human Life: Conceptual Framework and Jurisprudential Rulings in the Maliki School of Thought

Ibrahem Ahmad Aboaladas — 2026-02-08

Objectives: This study aimed to define the concept of borrowed human life, a state between existence and non-existence, by identifying its distinguishing signs. It also outlined key legal rulings related to this condition, including liability for causing harm to a person in a state of borrowed life and the validity of financial acts, clarifying which actions jurists consider ineffective and which they regard as legally valid.

Methods: An inductive approach was employed by tracing relevant issues across established jurisprudential and uṣūl sources, supported by analytical comparison and discussion of textual evidence.

Results: The study clarified the concept of borrowed human life as a condition between fully established life and complete non-existence by identifying its defining characteristics and distinguishing it from full life. It examined the legal implications of this state, including liability for harm and the validity of financial and legal acts performed during this period. The findings explained which actions jurists consider legally ineffective and which are treated as valid, providing a clearer framework for practical application and linking classical jurisprudence with contemporary legal considerations.

Conclusions: The study concluded that borrowed life applies to the fetus and to a person whose life fluctuates between existence and non-existence. This necessitates clarifying legal rulings related to both non-existence and existence. While some rulings were addressed, many contemporary issues remain open to juristic interpretation across legal schools. The study recommends further research, particularly comparative studies incorporating medical and healthcare liability laws, to guide the application of these principles.

Invalid Lease “Ijarah” According to the Hanafi School: A Foundational and Applied Study

Moayad Hamdan Mahmoud Mousa — 2026-02-02

Objectives: The study aims to highlight the Hanafi jurists’ conception of a defective lease contract by clarifying its concept, identifying its causes, and explaining its legal rulings. In addition, it examines the two most prominent causes of defect in lease contracts, namely: excessive uncertainty and the corrupting condition.

Methods: The study adopts inductive, analytical, and inferential approaches by surveying Hanafi legal texts to extract materials related to defective leases, analyzing jurists’ statements and jurisprudential issues concerning defective lease contracts, and deriving the main features of defective leases according to the Hanafi school.

Results: The invalid lease (Ijarah) according to the Hanafi school is a contract with all its essential elements completed. However, the flaw lies in some of its secondary aspects, It must be annulled to uphold the law, and its effects are only realized after the actual utilization of the benefit. In such a case, the fair market rent is due, and any profit derived is illicit; however, the amount equivalent to the fair market rent becomes permissible. Furthermore, the contract can be rectified by removing the cause of its invalidity.

Conclusions: The Hanafi school’s distinctive theory of defect in contracts has had a significant impact in validating many defective lease contracts that are considered void and non-rectifiable in other Islamic legal schools. The study recommends conducting an extensive study on defective leases in the Hanafi school and their jurisprudential applications within civil law systems.