Theoretical Framework for judicial discretion within Qatari and Jordanian Civil Laws: Indications and Implications

Abstract

Judicial discretion is considered one of the most important topics in any legal jurisdiction; it has great significant in shaping the state legal system and achieving legislations’ goals, mainly represented in fairness and stability of legal transactions. However, this topic receives poor attention from researchers; therefore it was important to tackle this issue in some detailed consideration to explore the status of judicial discretion in Jordanian and Qatari Civil laws to map out a theoretical framework for such discretion in comparison with some Arab Civil Laws. This study will explores some indications on the relatively wide range of judicial discretion offered to judiciary in both Jordanian and Qatari Civil laws. In so doing, the study will highlight different civil law provisions in both legislations, and to mark some implications and results related to judicial discretion in Jordanian Civil Law and the Qatari Civil Law, and finally to explain the effects of this wide discretion leaves in the Jordan and Qatari Civil Laws and ultimately in the nature of the Jordanian and Qatari jurisdiction.