There is no doubt that the subject of the theory of obligation is of utmost importance, not only in the field of civil law but in all branches of law. This is because the theory of obligation contains rules that are, to a certain extent, fixed and abstract, making it a general reference for all branches of law, resorted to by anyone seeking a provision to govern the matter at hand, whether in the context of private law or even public law.

Indeed, a science of such significance is worthy of every specialist's contribution. It is well-known that in social sciences, no one has a monopoly on truth, as matters are relative. If we were to say otherwise, Dr. Al-Sanhuri—may God have mercy on him—would have saved everyone the trouble of researching civil law. His works in this field are sufficient for an entire generation if they are revised and supplemented with new laws and modern judicial rulings.

As we embark on writing about this topic, we have turned our attention to a subject considered one of the most intricate and important in contemporary law. It raises vital and evolving issues that require constant updating in their presentation, such as contracts in terms of their pillars and classifications, contracting between parties present or absent, contracting by phone, fax, and the internet, as well as adhesion contracts, coercion, deception, fraud, contract nullity and rescission, contractual liability, and tortious liability (harmful act), as well as beneficial acts, and other topics.

From this standpoint, the idea of writing on the subject of "Sources of Obligation" in Jordanian Civil Law emerged in my mind. I am well aware of the effort and hardship such a work entails, especially since those who have written on this subject can be counted on one hand. However, it remains a subject close to my heart, as I taught it for three years to law students at Al-Fateh University in Tripoli, in addition to this being my second year at the Faculty of Law at Irbid University. In any case, it is a work for which we do not claim perfection, as perfection belongs to God alone. We hope it will bear fruit. If it does, then help and support are from God. If not, perhaps we will earn the reward of a mistaken diligent scholar. It is a building block in the legal structure of this brotherly country, which we hope will be followed by other steps to complete and strengthen it.

In this study, we have taken care to provide useful information for anyone who refers to it, whether a student, researcher, or legal practitioner. It is a comparative study, especially with Egyptian and French law and Islamic jurisprudence, considering that the Majallat al-Ahkam al-Adliyyah (Ottoman Civil Code) is the historical source of the Jordanian Civil Code. We hope that the provisions of Islamic jurisprudence will attain the high status they deserve in the field of comparative law.

We have also referred to the rulings of the Jordanian Court of Cassation and the Egyptian Court of Cassation regarding the subject matter of the study, due to the great importance of practical application in this regard.

The Jordanian Civil Code was issued in 1976 to be applied from January 1, 1977, as stated in the first article of the law. Before this date, the prevailing law was the "Majallat al-Ahkam al-Adliyyah," issued by the Ottoman Empire to be applied in the territories under its rule at that time.

The Majallat al-Ahkam al-Adliyyah is considered a set of legal rules derived from Islamic jurisprudence, although not in the style of modern legislative texts. It has been criticized for its attention to detail and subsidiary rulings, as it did not appear in the form of legal texts we know today, but rather like a textbook.

Since the Majallat al-Ahkam al-Adliyyah is the historical source of the Jordanian Civil Code, it is applicable in matters not conflicting with the provisions of this law. This is clear from Article Two of the law, which states, "If the court does not find a provision in this law, it shall rule according to the provisions of Islamic jurisprudence most consistent with the provisions of this law, and if not found, then according to the principles of Islamic Sharia."

It is clear from Article Two, paragraph A, and the explanatory memorandum of the Jordanian Civil Code that the Jordanian legislator is very keen for the provisions of Islamic jurisprudence to be the original source that should not be violated. The evidence for this is that it is considered applicable in the absence of a provision in the Jordanian Civil Code regulating the matter.

While it is true, as some scholars say, that the correspondence between the rules of Islamic jurisprudence and the Jordanian Civil Code was not perfect and had some discrepancies, this does not detract from the general principle adopted and cherished by the legislator of drawing inspiration from Islamic jurisprudence as a primary reference for the civil code. The rules of law, as is known, are based on prevailing situations without regard to individual cases.

This, however, did not prevent the Jordanian legislator from adopting from contemporary laws in drafting the texts of the civil code or in the classifications it adopted in this regard.

In this study, we will follow the arrangement adopted by the Jordanian legislator, dedicating a separate chapter to each source of personal rights (contract, unilateral act, harmful act, beneficial act, and law). This is preceded by an introductory chapter in which we discuss obligation in general, its importance and development, the doctrines that contend with it, its elements, and finally, the types of obligations.

• ISBN: 9789957168605
• Weight: 0.850 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 392
• Year of Publication: 2022
• Binding: Hardcover