1 SOURCES OF LAW, JUDICIAL AND LEGAL SYSTEM Rules within the legal system in Jordan are traditionally divided into two cate- gories: public law and private law. This is an academic classification which is well known in most Arab countries, and which originates, historically, from the French legal system. The basis of such classification is that a relationship is considered to be governed by public law rules if the State or a public authority, such as a Ministry or public official corporation, is party thereto, on the one hand, and if the act performed by such body is jure imperii, on the other. Otherwise, the relationship is governed by private law. Thus, constitutional law, administrative law, penal law, tax laws and public international law are considered examples of public law, while the civil law, commercial laws, family law and private international law are examples of private law. Historical sources of Jordanian law vary from one law or group of laws to another. For example, commercial laws in general, including maritime law, are mostly derived from French law; part of the Civil Code is derived from Islamic law (Shari(a) while the other part is mostly based on the Egyptian
Yearbook of Islamic and Middle Eastern Law Online – Brill
Published: Jan 1, 1994
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