THE ROLE OF CRIMINAL LAW IN ENSURING NATIONAL SECURITY IN JORDAN
AUTHOR – DR. AMAL KHALAF SUFHAN AL-HABASHNEH, ASSISTANT PROFESSOR OF CRIMINAL LAW, FACULTY OF LAW/ AL – ISRA UNIVERSITY. EMAIL – AMAL.ALHABASHNA@IU.EDU.JO
BEST CITATION – DR. AMAL KHALAF SUFHAN AL-HABASHNEH, THE ROLE OF CRIMINAL LAW IN ENSURING NATIONAL SECURITY IN JORDAN, JOURNAL OF LEGAL ETHICS (JLE), 2 (1) of 2024, Pg. 15-25, APIS – 3920 – 0018 | ISSN – 2583-9527.
CRIMINAL LAW AND SECURITY IN JORDAN
Law is the rule of life that provides for the daily deeds and affairs of the social and economic lives of members of a community, and their likes, and the deterrence of violating others’ rights or retrieving them. Criminal law, criminal policy, and its systems are laden with legal concepts awaiting healing and support, and others are similar in other systems in the horizon of some historical recollections, despite their differences, but they have shaped their characters to be in line with the accuracy of analytical and legal thinking in their depths. Effective criminal law is of paramount importance in any community, as it plays a fundamental role in maintaining societal order and protecting individuals from any behavior that threatens public safety. Jordan has long known legal systems that have evolved throughout history, whether through the Islamic, Dawoodian, Roman, Christian, or Pahlavi era. But beyond this history, and in spite of the social peace that marks the kingdom of Jordan in the fabric of its constitution, society today is witnessing actual developments that require addressing security issues through proper legal provisions. What is the extent to which existing laws are able to regulate these developments? This paper focuses on the reflection of criminal law on the security dynamics in Jordan as follows. The reasons for launching this topic are that the rule of law is a fragile and sensitive system, one of its main pillars is the presence of a security system that maintains order and legality as a foundation of its entity. Consequently, security and preventing crimes are the most important issues for the state in general, while we cannot achieve this unless by criminalizing actions and deterring people because knowing the punishment and penalties is a form of prevention. Therefore, the obvious role of criminal law does not stop at the current punishment for offenses but extends its role to preventing them in the framework and the fear of its impacts. Therefore, any reform of the legal regimes should begin by reviewing the decisions of criminal incrimination to ensure prevention and deterrence. The Jordanian legislator drew largely in compliance with international covenants and human rights to renew or enact legislation to cope with security developments and the needs of modern societies. Therefore, I intend to study the criminal laws, paragraph 3 of the paper, and if we can analyze the extent of the effectiveness of some of those provisions in light of new provisions resultant from the World Summit that was held in Amman to tackle the abstract challenges, we will find an answer to some of those provisions. Given a fair judgment about the extent to which Jordanian legislation is able to regulate the recent transformations, this judgment contributes to whether we need to propose some recommendations and solutions to those provisions and adapt them to the public need.
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