CONTRACT OF BETTING AND GAMBLING IN THE JORDANIAN CIVIL LAW COMPARATIVE STUDY
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Abstract
The Jordanian legislator addresses the contract of gambling and betting within the scope of speculative contracts, drawing on the regulation of provisions of Islamic jurisprudence with its various schools of thought[1], in addition to some rules of Journal of the Ottoman Judicial Rulings[2]. The legislator has adhered to the general principle that dictates the nullity of the gambling and betting contract due to its violation of public order. Consequently, the same consequences that apply to a void contract in general are applied to its nullity – there is no enforcement, and the loser is entitled to reclaim what was paid without a justifiable reason within a specific period. Furthermore, both criminal and civil penalties are applicable side by side.
Departing from the principle of the nullity of gambling and betting contracts, the Jordanian legislator allowed for the contract of betting in races, shooting, and similar sporting events, taking into consideration the reasons of fairness. This aligns with the principles of Islamic jurisprudence. However, the Jordanian legislator also follows the French legislation and other Arab legislations in this regard. As a result, charitable lotteries and deferred settlement contracts are permitted despite their inherent nullity, as they rely purely on chance, contrary to the provisions of Islamic jurisprudence.
[1] Jordanian Civil Code No. 43 of 1976, published in the Official Gazette No. 2645, and in force since 1 January 1977, Explanatory Notes to the Jordanian Civil Code, Copy issued by the Jordanian Bar Association, Amman, Jordan, 2015, part two. P.659.
[2]The Journal of the Ottoman Judicial Rulings is the Ottoman Civil Code, which was an attempt to codify the rules of Hanafi jurisprudence, See: Dr. Samer Mazen Al-Qabj, The Journal of Judicial Rulings, Its Sources and Impact on the Laws of the Islamic East, Dar Al-Fateh for Studies and Publishing, Amman, Jordan, I1, 2008, p. 49.
The Jordanian legislator, in organizing the gambling and betting transmitted to the articles (58), (97) and (1801) of the Judicial rulings Journal, see in an explanation of these articles:
the Judicial rulings Journal and its explanations: Ali Haidar Khawaja Amin Afandi, Arabization: Fahmi Al-Husseini, Referees in Commentary to the Judgments Magazine, Dar Al-Gel, Beirut, first edition, 1411 A.H.-1991, issue of parts 4, Muhammad Khalid Al-Atassi and Muhammad Tahir Al-Atassi, Commentary of the Journal, Dar Al-Kukam in Commentary, Dar Al-Kujil, Beirut, Lebanon, six volumes, 2016.
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References
I. Islamic jurisprudence
Books
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