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Article
Publication date: 29 June 2020

Haitham Haloush

Employers, contractors, subcontractors and engineers often believe that they have a “common language”, which consists of drawings and specifications, notwithstanding that drawings…

Abstract

Purpose

Employers, contractors, subcontractors and engineers often believe that they have a “common language”, which consists of drawings and specifications, notwithstanding that drawings and specifications must be interpreted and understood in their legal context. Accordingly, due to the legal-technical aspects of construction, it is essential that construction contracts should strike the right balance between the interests of all stakeholders. The purpose of this paper is to examine this issue in depth.

Design/methodology/approach

To examine this issue in depth, this paper is divided into four sections. First, general background on Jordanian construction law. Second, the conformity between the Jordanian law and international federation of consulting engineers (FIDIC) rules. Third, crystallisation of parties autonomy in construction contracts. Fourth, per defects liability in construction contracts as a case study.

Findings

Construction disputes are not only a legal issue. It is also a technical challenge to which an interdisciplinary body of legal scholars, contractors, engineers and construction experts should respond by setting flexible standards as practices could change faster than rules. Judges in particular are bound to understand the peculiar technical-legal nature of construction disputes. This should be a good starting point for developing case law in the field of construction which is rather limited. In this way, construction case law can be established gradually and cumulatively on a case by case basis.

Originality/value

As far as the author is aware, the issue of construction contracts in Jordan has not been researched comprehensively before from technical and legal standpoints. This paper represents a first attempt to examine the issues arising in this difficult and important subject.

Details

International Journal of Law and Management, vol. 62 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 2 December 2020

Haitham A. Haloush, Ahmad Abed Alla Alhusban and Ali Abdel Mahdi Massadeh

This paper aims to highlight how the prevention principle may affect the rights and responsibilities of contractors under Jordanian law. In many instances, the application of…

Abstract

Purpose

This paper aims to highlight how the prevention principle may affect the rights and responsibilities of contractors under Jordanian law. In many instances, the application of legal theories and terminology of the Jordanian civil code (JCC), such as penalty clauses and produces a similar result to that under common law, such as prevention principle, and even if in some cases the route by which the result is reached differs.

Design/methodology/approach

This paper is based upon library research on primary and secondary sources. The author adopted the interpretive paradigm with its underlying subjectivist assumption. This paradigm creates different meanings and therefore different realities. This is particularly evident when studying legal notions, such as parties’ autonomy and decennial liability, from a comparative law perspective.

Findings

In many instances, the application of legal theories and terminology of the JCC, such as penalty clauses and produces a similar result to that under common law, such as the prevention principle, and even if in some cases the route by which the result is reached differs. However, it is difficult for judges and lawyers in Jordan to understand the legal principles of certain terms in the common law. This requires, to a certain extent, an understanding of the legal terms and concepts, particularly those originated from English law. For example, a thorough grasp of the prevention principle in Jordanian law remains unclear. Apparently, this can be met by training and capacity building sessions.

Originality/value

As far as the author is aware, this issue has not been researched comprehensively before from technical and legal standpoints. This paper represents the first attempt to examine the issues arising in this difficult and important subject.

Details

International Journal of Law and Management, vol. 63 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 18 May 2021

Ahmad Abed Alla Alhusban, Ali Abdel Mahdi Massadeh and Haitham Haloush

This study aims to examine the validity of the installment payment contract when using the first Islamic credit card (ICC) in Jordan and will explore the hidden techniques that…

Abstract

Purpose

This study aims to examine the validity of the installment payment contract when using the first Islamic credit card (ICC) in Jordan and will explore the hidden techniques that are used to operate such a financial product. The purpose of the study will be achieved by examining the structure and the issues surrounding the first ICC that was introduced to the Jordanian market as a hybrid contract of Qard Hassan (benevolent loan), Murabaha, Wakalah (agency) and Bay‘ Al Ajjal (credit sale). In addition, a further objective is to examine whether this credit card is a Sharia-compliant financial product.

Design/methodology/approach

A qualitative research method approach was adopted to understand the issues, nature and structure of the first Jordanian ICC. This was due to the explanatory nature of the product, the different financial solutions it offered and the fact that the ICC in Jordan is, to date, relatively unexplored. This paper used the technique of content/thematic analysis that involves multiple sequenced steps to analyze these matters.

Findings

The main finding of this research is that the first ICC in the Jordanian financial market has caused a degree of uncertainty. This is because, once a customer decides to choose the installment payment contract option, the bank does not have real possession of the assets in question. The issue of constructive possession has been denied by several classic and contemporary Islamic scholars, including the General Iftaa Department of Jordan. Therefore, it can be seen that the installment payment contract option does not comply with Islamic principles and particular Fatwas that have been decreed.

Originality/value

This is the first study that shows how the first ICC, being a new Islamic financial product in Jordan, operates in relation to the installment payment contract. In addition, focusing on the concept of changing the nature of the contract from a Qard Hassan (benevolent loan) to a hybrid contract is significant, to encourage Islamic scholars to take a clear, legal stand under Sharia law.

Details

International Journal of Law and Management, vol. 63 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 18 July 2008

Bashar H. Malkawi and Haitham A. Haloush

The purpose of this paper is to examine income tax evasion in Jordan and set forth various cures for this problem.

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Abstract

Purpose

The purpose of this paper is to examine income tax evasion in Jordan and set forth various cures for this problem.

Design/methodology/approach

The paper investigates the phenomenon of income tax evasion. In doing so, the paper reviews reports from academics and statistics from the Income Tax Department. The paper begins with an overview of the Income Tax Law, distinguishes between tax evasion and tax avoidance and provides empirical data on the size of income tax evasion in Jordan. A study of article 42 of the Income Tax Law, the anti‐tax evasion provision, is made. In the final analysis, the paper suggests several means that can be used to address income tax evasion.

Findings

The paper concludes that, in so far as the Jordanian Government is concerned with the issue of income tax evasion, several legal and non‐legal techniques can be experimented.

Originality/value

In reacting to huge non‐compliance by Jordanians, the paper tells the story of how to create an income tax compliance culture. The government can utilize various practices, techniques, and discourses to create such a culture.

Details

Journal of Financial Crime, vol. 15 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

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