TITLE:
An Overview of the Pros and Cons of the Jordan Pandemic Defense Order 28: The Case of the Hashemite Kingdom
AUTHORS:
Mohammed Ibrahim Abu El-Haija, Mostafa Mousa Ajarmih
KEYWORDS:
Jordan, COVID-19, Defense Order, Defense Law, Debtor, Creditor, Debt Imprisonment
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.2,
June
8,
2023
ABSTRACT: Objectives: The COVID-19 pandemic has severely influenced the corporate sector worldwide. Likewise, the Hashemite Kingdom of Jordan also seems to bear most of its effects. In Jordan, border closures, movement restrictions, and national lockdowns have forced enterprises to close or limit their business activities. Despite the Jordanian government’s efforts to mitigate the adverse economic effects of the pandemic, the effects have been severe for businesses and workers. Citing the harsh economic conditions amplified by the spread of COVID-19, the government issued defense order 28 in March 2020, suspending the imprisonment of individuals convicted for defaulting on paying off debts with a value of less than 100,000 Jordanian Dinars (JD), approximately $141,000. This study discusses the pros and cons of Jordan Defense Order 28. Methods: The study has adopted a qualitative review design to amass relevant material on the given topic. The free-access literature has been sorted to gather the desired info. Results: The findings drawn from the review have unveiled that although the suspension of debtors is put off, it still permits the continuance of litigation among the litigants and offenders. However, if condemned, imprisonments will be deferred, and rather the sentenced will be banned from traveling. Conclusions:To sum up, owing to the decree, the creditors have grave concerns that abolishing and preventing debtor imprisonment will further strengthen the debtors who intentionally deceit to avoid adverse consequences. Hence, a criterion is needed that could identify and distinguish the debtors who are unable to pay from those who are willfully fraudulent.