Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom
This study explains the legitimacy of travel prohibition as a precautionary measure to prevent the debtor from escaping from justice and smuggling his money outside the kingdom as well as Shari’a evidence on that. Furthermore, the study pointed out that travel prohibition is a procedure in the Jord...
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| Format: | Article |
| Language: | Arabic |
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Deanship of Scientific Research (DSR), the University of Jordan
2020-06-01
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| Series: | دراسات: علوم الشريعة والقانون |
| Subjects: | |
| Online Access: | https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/3008 |
| _version_ | 1797783352205377536 |
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| author | Zakaria Qudah |
| author_facet | Zakaria Qudah |
| author_sort | Zakaria Qudah |
| collection | DOAJ |
| description |
This study explains the legitimacy of travel prohibition as a precautionary measure to prevent the debtor from escaping from justice and smuggling his money outside the kingdom as well as Shari’a evidence on that. Furthermore, the study pointed out that travel prohibition is a procedure in the Jordanian Shari’a courts within its jurisdiction in prices, expenses, and travel in custody and the framework of the laws governing this, such as the personal status law, the law of legal proceedings, the law of forensic execution and others. The study followed the inductive-analytical approach by extrapolating the statements of Jurists and legal texts related to the subject of the study, analyzing them, and then devising precautionary measures to prevent travel in jurisprudence and law, through the doctrinal and legal texts contained in the study, and their applications in the Jordanian Sharia courts. The study found that the Sharia courts in Jordan apply the precautionary travel ban procedure within their jurisdiction. The Sharia courts are also taking measures to ensure that the travel ban is not used maliciously. The study recommended the need to continue research on the topic of precautionary measures in general –including travel bans - at the level of Islamic jurisprudence and contemporary laws alike, and the need to continue research on the applications of Jordanian Sharia courts in general, especially concerning the issue of travel bans.
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| first_indexed | 2024-03-13T00:24:47Z |
| format | Article |
| id | doaj.art-0cc5696cb83e40caa5f8135e62e7c9e1 |
| institution | Directory Open Access Journal |
| issn | 1026-3748 2663-6239 |
| language | Arabic |
| last_indexed | 2024-03-13T00:24:47Z |
| publishDate | 2020-06-01 |
| publisher | Deanship of Scientific Research (DSR), the University of Jordan |
| record_format | Article |
| series | دراسات: علوم الشريعة والقانون |
| spelling | doaj.art-0cc5696cb83e40caa5f8135e62e7c9e12023-07-11T06:38:32ZaraDeanship of Scientific Research (DSR), the University of Jordanدراسات: علوم الشريعة والقانون1026-37482663-62392020-06-01472Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the KingdomZakaria Qudah 0Yarmouk University This study explains the legitimacy of travel prohibition as a precautionary measure to prevent the debtor from escaping from justice and smuggling his money outside the kingdom as well as Shari’a evidence on that. Furthermore, the study pointed out that travel prohibition is a procedure in the Jordanian Shari’a courts within its jurisdiction in prices, expenses, and travel in custody and the framework of the laws governing this, such as the personal status law, the law of legal proceedings, the law of forensic execution and others. The study followed the inductive-analytical approach by extrapolating the statements of Jurists and legal texts related to the subject of the study, analyzing them, and then devising precautionary measures to prevent travel in jurisprudence and law, through the doctrinal and legal texts contained in the study, and their applications in the Jordanian Sharia courts. The study found that the Sharia courts in Jordan apply the precautionary travel ban procedure within their jurisdiction. The Sharia courts are also taking measures to ensure that the travel ban is not used maliciously. The study recommended the need to continue research on the topic of precautionary measures in general –including travel bans - at the level of Islamic jurisprudence and contemporary laws alike, and the need to continue research on the applications of Jordanian Sharia courts in general, especially concerning the issue of travel bans. https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/3008Legitimacy of travel, debtor, Sharia courts |
| spellingShingle | Zakaria Qudah Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom دراسات: علوم الشريعة والقانون Legitimacy of travel, debtor, Sharia courts |
| title | Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom |
| title_full | Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom |
| title_fullStr | Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom |
| title_full_unstemmed | Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom |
| title_short | Legitimacy of Travel Prohibition as a Precaution Measure to Prevent the Debtor from Escaping from Justice and Smuggling his Money outside the Kingdom |
| title_sort | legitimacy of travel prohibition as a precaution measure to prevent the debtor from escaping from justice and smuggling his money outside the kingdom |
| topic | Legitimacy of travel, debtor, Sharia courts |
| url | https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/3008 |
| work_keys_str_mv | AT zakariaqudah legitimacyoftravelprohibitionasaprecautionmeasuretopreventthedebtorfromescapingfromjusticeandsmugglinghismoneyoutsidethekingdom |