law

1. Red Lines in
English Legal Terminology
A Comprehensive Study
and Revision
Prepared By:
Maher Osama Masood
LL.M. of Public International Law
Second Edition
2017 - 2018

3. I
Before we start
During my work in Al Azhar university of Gaza, faculty
of law, I noticed that students who join this faculty are either
weak in their own English language abilities or they are really
good but they have never dealt with any word that relates to
field of law.
Unfortunately, the majority of the students belongs to
that former group - who are weak in the English language - for
many various reasons. More important to notice that about
90% of those students have chosen the Law as a field of study
because it is the only specialization that students are not
required to read, write or speak in the English language,
except for one course they have to pass in the first year of their
university life.
Also, I have noticed that student as long they hate this
course because sometimes the teacher deals with them as if
he/she deals with a native speakers forgetting the matters we
have mentioned above.

4. II
Moreover, the course book itself comprises many topics
with huge amounts of papers that let the students dismayed and
create a feeling of inability to pass such course.
For that all, I decided to be in touch with my students
and their feelings whether they are poor with respect to their
language or they are good enough. So, I am here writing my
first book; "Red Lines in English Legal Terminology", in a
very simple way of explanation and in a brief so as the student
could understand – at least – the minimum of the information
needed.
To be considered that a comprehensive revision is
provided at the end of this book so as the student can pass
his/her exam easily.
Finally, I wish my beloved students all the best in their
new life; University life.
Maher Osama Masood

5. III
Dedication
To my parents and brothers: Nasser & Nour…
To my esteemed professors …
To all of my friends, colleagues and students …
Wishing them all the best in their lives

6. IV

7. V
List of Contests:
Topics of this book will be divided into two big parts;
some will be included within the mid-term exam (Theory of
law and branches of public law) and others will be left for the
final exam (Theory of right and branches of private law).
Ch. Name Page No.
 Theory of Law…………………………………… 1
 Branches of Public Law. …………………….. 11
- Constitutional Law. ………………….............. 11
- Criminal Law. …………………………………. 16
- Administrative Law. …………………………… 25
- Public International Law and its
Subdivisions or branches …………………….
29
 Theory of Right.……………...………………… 43
 Branches of Private Law. ………………..….... 46
- Civil Law. …………………….…………………. 46

8. VI
- Commercial Law.…………………...…………. 50
- Private international Law. ……………………. 55
- Taxation and Financial Law. …..…………….. 57
 Common Legal Terminologies. ……………… 61
 A comprehensive revision. ……...……………. 87
 Annex: Translation ………………………….... 113

9. VII
“Blind obedience to the supremacy of
international law is not the same thing as the
rule of law.”
André Nollkaemper

10. VIII

11. 1
Firstly: Theory of Law:
In this part of study we will answer – In points – many
raised questions as follows;
1- What is the law?
2- What are the main characteristics of the law?
3- What are the main sources of law?
4- What are subdivisions of law?
 What is law ?
Law is body of rules which regulate and govern the
social conduct of people in a society at a certain time and
which are enforced by a penalty.
 What are the main characteristics of the law?
Any rule of the law, irrespectively to its type – we'll show
in the coming pages – to be described as legal rule must have
the following characteristics;

12. 2
A- The legal rule is general:
It means that rules of the law are capable to be applied
to every person and to any case, problematic or matter. For
example; the rule which stipulates that "Anyone commits a
theft is considered a misdemeanor and punished by 2 years of
imprisonment" is applied to anyone who commits the crime of
theft, taking into account only those cases which prevent
his/her punishment (Penalty impediments), incriminate his/her
actus reus (Permissibility cases) or abolish his/her criminal
liability (Cases or irresponsibility).
Being General legal rule does not require only the
applicability to group of people. It is said to be general even if
the rule governs and regulates the status of someone not by
his/her name but by his position. For example; the rule which
states that "A judge is not allowed to practice any of the
commercial activities for the purposes of his/her rectitude and
reputation" is applied to everyone who works as a judge. So,
this rule doesn’t call on the judge Sami without the judge
Mahmoud, it is applied to both of them.

13. 3
B- The legal rule is social:
It only deals with the social conduct of people, it has
nothing to do with the peoples' thoughts or believes. So, law
doesn’t punish the person for merely thinking of killing or
committing a murder till this thinking is translated into a real
act of killing or even attempting to kill someone.
C- The legal rule is matched with a penalty:
It is important that people know what is the law, but
what is even more important is to obey it. So, people who are
called up by a rule of the law are required to obey the law on
their initiative. If not, they will be compelled to do so by force.
This penalty resulted from the breach of rule of a law
could be criminal penalty, civil or even administrative.
 What are the main sources of law?
Rules and provisions of the law can be derived from
many various sources. These sources varies in its
implementations priority and its value in proving "reus
judicata" as follows;

14. 4
- Legislation.
- Customs.
- Judicial precedents.
- Jurisprudence.
- Rules of Equity and Justice.
A) Legislation:
Also known as "acts of Parliament". The Palestinian
Legislative Council (PLC) in state of Palestine is the legislative
body in Palestine. Legislation as a process points at the laying
down of the legal rules by either sovereign or subordinate
legislator.
Types of the legislative rules:
Rules of law are either imperative where people cannot
reach a deal in opposite to these rules, or facultative which are
in contrary to imperative rules.
For example; when law says that a contract of ship sale
must be written, this is an imperative rule where the
contractors cannot breach. While when a rule says the payment

15. 5
may occur in the payee domicile, this is a facultative rule
where the payer can pay the payee in the payer's domicile.
It is taken for granted that the legislative authority is the
one is making the rules, while the executive authority can –In
some cases like cases of necessity and emergency – promulgate
rules which have the same power of the law promulgated by
the legislative authority itself, it is named as subordinate
legislative, regulations or presidential decrees and
ordinances.
B) Customs and Habits:
 Customs:
When someone is doing something in a regular way over
substantial period of time believing that such deed is
compulsory, it is usual to say that he is accustomed to doing it.
So, two elements for claiming a custom; material element
(Usus) and a mental one (Opinio Juris).
If a custom is in a contravention with the imperative rule
of a law, that custom cannot be applied while if it is not so, it
has the priority to be applied in some laws as the commercial
one.

16. 6
Kinds of Custom:
Customs are classified by looking at many criteria. It is
according to its scope classified into either local or
international custom. According to its generality, it is classified
into two types; private (Special) and public (General) customs.
1) General custom:
Custom is said to be general when it is prevalent in a
certain society or on an international scope, and applied to all
transactions.
2) Special custom:
If custom is applied to a special transaction within law,
it is called a special one.
3) Local custom:
Custom is described as local when it is applied to a
certain part of a country or a state. So, if there is a custom
applied in Ankara while it is not known in Istanbul and the
other parts of Turkey, it is a normal result to say that it is a
local custom.

17. 7
4) International custom:
Custom is described as international when it is applied
to every transaction that took place at any place around the
world.
If there is any inconsistency between general and
international custom with the local and special one, there will
be priority for special and local one to be implemented and
applied.
Customs v. Civil law:
No doubt that customs have the priority in the
commercial law over the facultative civil rules. While the
argument between jurists is whether customs have the same
priority over the imperative rules of the civil code.
Here, some of jurists say that the civil rule must be given
the priority to be applied instead of the custom itself.
While others say that customs have the priority in the
commercial law over the imperative civil rules because civil
rules cannot be applied except in case of the absence of the
commercial law governing the matter in question. But, if there

18. 8
is a custom, this means that such existence for commercial law;
so there is no need to apply the civil rule in this case.
 Habits:
Habits are considered as source of many laws, the
commercial law as an example. So, what is the habit?
It is custom, but it does not have the mental element that
the custom has. habits are commonly used in commercial
transactions. For example, to reduce the price instead of
rescinding a contract – in case of goods are not identical to the
contract between contractors – is considered commercial
habit.
To decide whether the lack of goods – being less than
what is agreed on within contract – is excusable or not, is a
commercial habit, too.
C) Case-Laws:
Also, it is called precedents. The judge to whom the
action has been brought can find the solution amongst
principles drawn in the previous verdicts the court has decided
and issued before.

19. 9
D) Jurisprudence:
It means the scholars opinion and point of views on the
various topics of the law. Besides the jurists books and their
own comments on the various laws promulgated through
parliament.
What we mentioned in the previous pages (customs v.
Civil law) is an example.
E) Rules of Equity and Justice:
It is not accepted for a judge not to settle the conflict
between parties claiming that there is not specific rule within
sources of law "legislation, custom, habit or even precedent"
can be applied to that conflict. If he claims so, he - himself -
will be guilty for committing justice denial crime. Therefore,
the judge in that above-mentioned case must reach the
settlement needed proporio motu or "on his own initiative".
 What are subdivisions of law?
Law is classified into two big classes; the public law and
private law.

20. 10
Public law is that branch of law which regulates and
governs the relations between public persons themselves or
relations that arise between public persons and private
persons.
Also, it is defined as that branch of law which includes
the criminal law, Taxation law, constitutional law and Public
international law.
Private law is known as that branch of law which
regulates the relations of private persons among themselves or
between the state as a private person and the individuals.
Also, it is defined as that branch of law which contains
the Civil law, Maritime law and Private International law.
Note:
When the state as "a public person" is deals with others
as a private person then its deals will be governed by private
law not the public law.
* * * *

21. 11
Secondly: Branches of Public Law:
As we mentioned in the previous part of this book, public
law is defined as that branch of law which includes the
criminal law, Taxation law, constitutional law and Public
international law.
So, in this part we will illustrate, in brief, the most
important issues with regard to these branches of the public
law.
- Constitutional Law.
- Criminal Law.
- Administrative Law.
- Public International Law and its Subdivisions
.
A) Constitutional Law:
Constitution is the supreme law in the legal system of the
state. So, if we look to the hierarchy of legal rules, we will
notice that the constitutional legal rules at the top followed by
the other legal rules promulgated by the parliament at the
middle, then the regulations at the bottom of the hierarchy.

22. 12
Constitution is defined as the body of rules which define
the shape of rule in the state, show the three authorities and
specify the public rights and duties. So, what are the main
types of constitutions and the most important topics within this
law?
Types of constitutions:
Constitutions are classified into many types according to
many criteria. It is classified according to its enactment into
written/enacted and unwritten constitution.
While according to its ability to be amended (flexibility)
it is classified into whether flexible or rigid constitutions.
It is said that a constitution is written when the most
important rules are enacted, like the Israeli and Sudanese
constitutions.
While, the constitution is called as unwritten when the
most important rules are not enacted or not written, like the
British and New Zealand constitutions.
The constitution can be considered a flexible one only if
a constitution can be changed in the same manner as ordinary
laws.

23. 13
On the other hand, the rigid constitution is a constitution
that cannot be changed in the same manner as ordinary laws.
Organic law:
The organic law is that law which governs in case of the
constitution non-existence.
Constitutional Rules
Parliamentary Rules
Regulations
ϭ
Ϯ
ϯ

24. 14
Topics of the constitutional law:
There are many topics that appear as the pillar of the
constitutional law; such as rule of law and principle of
separation of powers.
 Rule of law1
:
The doctrine of the rule of law dictates that government
must be conducted according to law. This was first established
by British legal theorist AV Dicey.
Dicey identified three essential elements of the British
Constitution which were indicative of the rule of law:
1. Absence of arbitrary power;
2. Equality before the law;
3. The Constitution is a result of the ordinary law of the
land.
Dicey’s rule of law formula consists of three classic
tenets. The first is that the regular law is supreme over
arbitrary and discretionary powers. E.g. ‘No man is
punishable ... except for a distinct breach of the law
1
A V Dicey, Introduction to the Study of the Law of the Constitution (10th ed, 1959),
Page 110.

25. 15
established in the ordinary legal manner before the ordinary
courts of the land.
[[
 The separation of powers:
The Separation of Powers is often regarded as a second
limb functioning alongside the Rule of Law to curb the powers
of the Government. In most modern nation states, power is
divided and vested into three branches of government:
The Executive, the Legislature and the Judiciary. The first and
the second are harmonized in traditional Westminster forms of
government2
.
Dicey defined the so-called "separation of powers"
(separationdes pouvoirs) as preventing the government, the
legislature, and the Courts from encroaching upon one
another's province3
.
2
Constitutional law: https://en.wikipedia.org/wiki/Constitutional_law
3
A V Dicey, Ibid, Page 219.

26. 16
B) Criminal Law:
Criminal law is considered one of the most important
laws within public law class, as this branch includes two
important laws within its scope; one of these laws is substantial
– the penal law –, while the other is procedural – Criminal
procedural law – or the Law of Criminal Procedures.
We will show in brief the most important issues, matters
and topics that fall within these laws.
Penal Law:
This law shows the crimes, their elements and the
penalties shall be imposed upon the perpetrators.
Also this law includes topics like permissibility cases,
penalty impediments and cases of irresponsibility.
 The crime:
The crime can be defined as commission or omission
that is prohibited by the law. So, the conduct that is forbidden
by law can be either positive – commission – or even negative
conduct – omission – for example, when a mother refrains to
breastfeed or suckle her baby premeditatedly causing his

27. 17
death, this refrainment is considered a negative conduct. On
the other hand, if a man kills another premeditatedly by
shooting him or even by a dagger, this act is considered a
positive conduct.
Some of crimes cannot be imagined without a positive
conduct. Theft for example, cannot be committed without a
positive conduct.
Elements of crime:
Every crime shall meet the following elements;
1- Legal element.
2- Material element.
3- Mental element.
1- Legal element:
It means that any act cannot be described as a crime till
the law does so.
2- Material element:
As we said before, no crime shall be imagined till the
perpetrator commits any of the forbidden acts or refrainment;

28. 18
which are called "actus reus"4
in the Latin root of language.
So, the act of stealing is considered forbidden by law and
constitutes a crime when the other elements are met.
Also, the safeguard refrainment to rescue a person who
is imminent to die, is considered a crime when the other
elements are met.
3- Mental element:
It takes only one of two possibilities;
Whether deliberateness or the wrongdoing. It is also
important to notice that to be said that the mental element is
met, two conditions must be clear and achieved. First of all,
the knowledge; which means that the perpetrator knew that
his/her act or refrainment will lead to the criminal result. For
example, the murderer knows that his gun's bullet will
probably lead to the death of the victim.
Secondly, the mens rea5
or it is named as the criminal
intent in the deliberate cases, which means that the perpetrator
4
Actus reus is the Latin equivalent for "guilty act" and is the physical element of
committing a crime
5
Mens rea is the Latin equivalent meaning for "guilty mind". A guilty mind means
an intention to commit some wrongful act

29. 19
after he/she had known that his/her act or refrainment will lead
to the criminal result, he/she decided to do it or to refrain from
doing it.
Classifications of crimes:
Crimes can be classified into many types according to
many criteria, as follows;
1- According to its subject; it is either political one, like
soliciting a coup de tat or attempting to do so. Or,
normal one like murder, theft and arson.
2- According to its material element; is either
instantaneous if it occurs in a short period of time or
even immediately as murder by using a gun or poison.
Or continuous as the concealment of the stolen things
and hiding any unlawful things as unauthorized
weapons.
Also, can be classified according to its material element
into compound crime and sole-act crime or simple one.
3- According to its degree of criminality and gravity; are
either felony if it penalized by death penalty, lifelong
imprisonment, penal servitude for life or temporary or to

30. 20
serve in prison for more than 3 years pursuant to our
Palestinian penal code No. 74, 1936.
Also, misdemeanor if it is penalized by
imprisonment for more than one week and less than 3 years.
Also, the misdemeanant can be charged with fine.
The last type is offence or a contravention; if it is
penalized by being in jail for less than a week or by fine.
Cases of permissibility:
Sometimes penal law removes the description of
criminality of a criminal conduct for a wisdom he deems
appropriate. Then the conduct will be moved from the
criminality side to the incriminality or permissibility side. For
example, the man or woman who is attacked by a thief in the
mid night has the right to defend him/herself even if his/her
defensive act resulted in the death of the thief. In this example,
the law does not consider the act of killing as a crime, because
it is done in the light of the victim's right to self-defense.
There are many reasons besides self-defense can be
considered as permissibility cases;

31. 21
1- Practicing of a right: for example the man's right to beat
his son, daughter or wife to rectify their behaviors
provided that he does not exceed his right to do so.
2- Carrying out of a duty: when the officer obey his manger
instructions and orders.
3- The acceptance of the victim.
4- The necessity case: for example, when a ship capsizes in
the mid sea, and people start pushing each other and
fight each other to save their soles. Now in this example,
if a man kills another to get his water-wing, this act
wouldn’t be considered as a crime of murder because of
the necessity case.
Titanic ship is considered as a perfect example for
necessity case.
Penalty impediments:
These impediments only prevents the accused's
punishment despite his existed criminal liability, but it doesn’t
remove the criminality of the criminal act. For example, when
the perpetrator commits a theft with his accomplices, then he
regrets his crime and snitches his accomplices to police. He
will not be punished.

32. 22
Also, if a father hides his criminal son in his house, he
will not be penalized as the legislator here takes in his
consideration the fatherhood relation.
Moreover, the man who kidnaps a girl and rapes her,
then he marries her, he will not be punished because he fixes
his bad deed. But this impediment is not logical at all as it
encourages everyone to do this crime then fixing it through
marrying the victim!
Cases of irresponsibly:
These are some cases in which the crime is existed and
the criminal is known, but the law decides that the criminal
shall not be penalized as his liability isn’t existed.
Here are some of these cases;
1- Juvenility: Juvenile means being less than a certain age
differs according to the state law.
2- Insanity: being insane means that the person committing
his crime without having a proper intent to do that
crime.
3- Duress: when someone pushes another – through a
threat – to commit a crime, the last will not be

33. 23
responsible; as he carried out his crime, lacking the
mental element of the crime; the intent.
4- To have illegal drugs without knowing the nature of the
material that he/she had or he/she was obliged to have
it, then he/she committed his/her crime under its effect.
Criminal Procedural Code:
This branch of law deals only with the procedures taken
from the moment of the occurred crime till the execution of the
judgment on the convicted.
This law regulates the rights of the accused before the
investigative authorities also before the court in the final stage
of the investigation.
Every introductory investigation is regulated by this law
from arriving and checking the crime scene, searching,
interrogatory, putting the accused in the precautionary
detention till his/her trial is finished and listening to the
positive and negative witnesses.

34. 24
The procedural nature of this law doesn’t mean that it is
empty with respect to the penal rules as it has some of the
penal rules within its articles and visa a versa.
* * * *

35. 25
C) Administrative Law:
As we said before, public law is the body of law dealing
with relationships between individuals and the state as a public
person, and with the structure and operation of the
government. And that public law includes: Public international
law, Constitutional law, Administrative law, Criminal law, and
Financial law.
Administrative law is that branch of law governing the
creation and operation of administrative agencies. Of special
importance are the powers granted to administrative agencies,
the substantive rules that such agencies make, and the legal
relationships between such agencies, other government bodies,
and the public at large6
.
The administrative independent character:
Unlike most Common-law jurisdictions, the majority
of civil law jurisdictions have specialized courts or sections to
deal with administrative cases which, as a rule, will apply
procedural rules specifically designed for such cases and
6
Legal information institute:
https://www.law.cornell.edu/wex/administrative_law

36. 26
different from that applied in private-law proceedings, such
as contract or tort claims.
Topics of the administrative law7
:
1. The organization and functions of the executive authorities.
2. The organization of police.
3. The management of state property.
4. The collection of revenues.
5. The control of trade and public establishment.
6. The organization of education and public health.
7. Centralization and decentralization system.
Administrative law Characteristics:
Administrative law is described as modern, flexible and is
codified in the most advanced judicial rules.
7
Mo'men Shwaideh, Lessons in English legal terminology at IUG of Gaza, section one.

37. 27
Sources of administrative law:
First : Administrative legislation:
1. Constitution :a major source of administrative law.
2. Ordinary law : comes out as a source of regular sources of
administrative law and legal rules set by the legislative
authority in accordance with the provisions of the Constitution
3. Regulations or systems : Systems is defined as the legal rules
issued by the executive branch on all levels, which have
Administrative function and it is called in some of as
legislations.
Second: the administrative judiciary.
Third: custom:
It is the belief prevails among individuals and force them
as a result of the behavior of the administration to repeat a
certain thing and stick on it regularly and continuously

38. 28
Fourth: Administrative Fiqh:
Expository source explains the legal basis and is not an
official source of legal norms.
Fifth: general principles :
The general principles of law which have a binding
force.
What is the centralization and decentralization ?
Centralization is a form of administration in which the
administrative tasks and errands are not separated.
Decentralization is a form of administration in which
the administrative tasks and errands are separated.
* * * *

39. 29
D) Public International Law:
This term is used to include the whole body of laws
intended to regulate the relations of states among themselves.
It includes the rules which concern the action of the
states as representing communal interests, in war and in peace.
It rules depend mostly upon international custom and upon
agreements.
The rules of public International law are usually
discussed under three heads: Peace, War, and Neutrality. The
negotiation and nature of treaties, the rights and duties of
ambassadors, the process adopted for the amicable settlement
of disputes (Court of Arbitration)8
.
Settlement of international disputes:
There are many mechanisms to settle the international
disputes between states. These mechanisms are classified as
either Judicial or Diplomatic.
 The Judicial mechanisms:
It is either before courts or arbitration committees.
8
Mo'men Shwaideh, Ibid, Page 7.

40. 30
The international dispute can be brought before the
International Court of Justice (ICJ9
) which is known as the
judicial organ of the United Nation.
It can issue verdicts or even advisory opinions which
can be asked by the UN security council or the General
assembly over a certain matter and it is not binding.
Arbitration is a method where the parties to dispute can
solve their problem by choosing the judges by themselves.
 The diplomatic mechanisms:
The disputing state can seek a settlement through one or
more of the following methods:
1- Negotiation: is the traditional and most well-known method
to settle the conflicts between states.
2- Good offices: the process by which a third party brings the
parties to dispute together to negotiate.
3- Mediation: the process by which a third party helps the
parties to dispute to reach an agreement to end that dispute.
9
The seat of this court is in the Hague, Netherlands. It consists of 15 judges represents
is an just way the whole civilized world.

41. 31
4- Fact finding missions: the process by which a third party or
an organization collects the facts relates to the conflict and
puts it in one report. (Goldstone Report for Example ).
As we are talking about international law, we would like
to illustrate the difference between International Criminal
Court (ICC) and International Court of Justice (ICJ) showing
their establishment, number of judges and their jurisdiction
and competence.
International Court of Justice "ICJ"10
The International Court of Justice (ICJ) is the principal
judicial organ of the United Nations (UN). It was established
in June 1945 by the Charter of the United Nations and began
work in April 1946.
The seat of the Court is at the Peace Palace in The
Hague (Netherlands). Other organs of the United Nations are
located in New York (United States of America).
10
For more details revise the following link: http://www.icj-
cij.org/court/index.php?p1=1

42. 32
The Court’s role is to settle, in accordance with
international law, legal disputes submitted to it by States and
to give advisory opinions on legal questions referred to it by
authorized United Nations organs and specialized agencies.
The Court is composed of 15 judges, who are elected for
terms of office of nine years by the United Nations General
Assembly and the Security Council. It is assisted by a Registry,
its administrative organ. Its official languages are English and
French.
As we said above the International Court of Justice is
composed of 15 judges elected to nine-year terms of office by
the United Nations General Assembly and the Security
Council. In order to be elected, a candidate must receive an
absolute majority of the votes in both bodies. This sometimes
makes it necessary for a number of rounds of voting to be
carried out.
In order to ensure a measure of continuity, one third of
the Court is elected every three years. Judges are eligible for
re-election. Should a judge die or resign during his or her
term of office, a special election is held as soon as possible to
choose a judge to fill the unexpired part of the term.

43. 33
In order to guarantee his or her independence, no
Member of the Court can be dismissed unless, in the
unanimous opinion of the other Members, he/she no longer
fulfills the required conditions. This has in fact never
happened.
No Member of the Court may engage in any other
occupation during his/her term. He/she is not allowed to
exercise any political or administrative function, nor to act as
agent, counsel or advocate in any case. Any doubts with
regard to this question are settled by decision of the Court.
The Court has a twofold role: to settle, in accordance
with international law, legal disputes submitted to it by States
(Contentious cases ) and to give advisory opinions (Advisory
proceedings) on legal questions referred to it by duly
authorized United Nations organs and specialized agencies.
The first case entered in the General List of the Court
(Corfu Channel (United Kingdom v. Albania)) was submitted
on 22 May 1947. From 22 May 1947 to 10 August 2015, 161
cases were entered in the General List.

44. 34
International Criminal Court "ICC"
ICC is an international tribunal that locates in The
Hague, the Netherlands. The ICC has the jurisdiction to
prosecute perpetrators of the most serious crimes in
the international society; crimes of genocide, crimes against
humanity and war crimes.
Principle of complementarity11
:
It is clear in the preamble that The ICC is intended to
complement existing national judicial systems and it may
therefore only exercise its jurisdiction when certain conditions
are met, such as when national courts are unwilling or unable
to prosecute criminals, as the preamble states:
"Emphasizing that the International Criminal Court
established under this Statute shall be complementary to
national criminal jurisdictions".
The ICC began functioning on 1 July 2002, the date that
the Rome Statute entered into force. The Rome Statute is
a multilateral treaty which serves as the ICC's foundational
and governing document. States which become parties to the
11
For more details revise the official site of the ICC.

45. 35
Rome Statute, for example by ratifying it, become member
states of the ICC. Currently, there are 123 states which are
parties to the Rome Statute and therefore members of the ICC.
The ICC has four principal organs:
1) The Presidency.
2) The Judicial Divisions.
3) The Office of the Prosecutor.
4) The Registry.
Jurisdiction of the Court12
:
The jurisdiction of the Court is determined according to
the Statute in four types: Jurisdiction Ratione Temporis,
Jurisdiction Ratione Loci, Jurisdiction Ratione Personae and
Jurisdiction Ratione Materiae, that will be discussed as
follows:
1. Jurisdiction Ratione Temporis:
Jurisdiction Ratione Temporis is known as the
jurisdiction of the Court to consider or handle the crimes that
fall within the Court’s Jurisdiction Materiae during a specific
12
Maher Masood, Al-Azhar team's memorandum submitted to the ICC moot court
competition 2014 held in the Hague, Netherlands from 17 to 23 May 2014.

46. 36
period of time where it may not consider any crimes committed
after this period.
Thus, the Court has Jurisdiction Ratione Temporis upon
the crimes committed from July 1, 2002 which can be found
stated legally under Article 11 of the Statute, which states that:
"1. The Court has jurisdiction only with respect to
crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry
into force, the Court may exercise its jurisdiction only with
respect to crimes committed after the entry into force of this
Statute for that State".
2. Jurisdiction Ratione Loci:
The ICC Statute referred to Jurisdiction Ratione Loci in
Article 12 thereof which provides:
"A. A State which becomes a Party to this Statute thereby
accepts the jurisdiction of the Court with respect to the
crimes referred to in article 5.
B. In the case of article 13, paragraph (a) or (c), the Court
may exercise its jurisdiction if one or more of the following

47. 37
States are Parties to this Statute or have accepted the
jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in
question occurred or, if the crime was committed on board a
vessel or aircraft, the State of registration of that vessel or
aircraft;
(b) The State of which the person accused of the crime
is a national".
3. Jurisdiction Ratione Personae:
Article 49 of the First Geneva Convention of 1949
confirmed that the High Contracting Parties undertake to enact
any legislative procedure that is necessary to impose effective
sanctions – on persons – who commit or order to commit grave
breaches for the present Convention.
In addition, Article 25/1 of the ICC Statute emphasized
the principle of accountability of individuals who commit
crimes or give the order to commit ones, indicating that the
Court doesn’t have jurisdiction except over natural persons,
which means excluding juridical persons, bodies and
institutions from the scope of its mandate and trials.

48. 38
The Jurisdiction Ratione Personae of the Court includes
nationals of States Parties, and when the accused is not one of
state nationals, it is a condition that the accused has committed
a crime, within the jurisdiction of the Court, on a territory of a
State Party that accepts the jurisdiction of the International
Criminal Court to prosecute persons responsible for the
commission.
Moreover, Article 26 of the Statute stipulated that ‘The
Court shall have no jurisdiction over any person who was
under the age of 18 at the time of the alleged commission of a
crime’.
4. Jurisdiction Ratione Materiae:
The Preamble of Statute stipulates that State parties to
the Statute recognize that such grave and most serious crimes
threaten the peace, security and well-being of the world. The
Court under Article 5 of the Statute13 has jurisdiction with
respect to the following crimes:
13
Art. 5 stipulates:
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to
the international community as a whole. The Court has jurisdiction in accordance with

49. 39
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The Crime of Aggression.
What is Genocide ?
Crime of genocide is any of following acts committed
with intent to destroy, in whole or in part, a national, ethnical,
racial or religious group". There are five such acts which
constitute crimes of genocide under article 6:
1. Killing members of a group.
2. Causing serious bodily or mental harm to members of
the group.
3. Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction.
4. Imposing measures intended to prevent births within the
group.
this Statute with respect to the following crimes: a-The crime of genocide; b-Crimes
against humanity; c- War crimes; d-The crime of aggression.

50. 40
5. Forcibly transferring children of the group to another
group.
What are Crimes against humanity?
Crimes against humanity are defined as acts committed
as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack. These
crimes are:
1. Murder
2. Extermination
3. Enslavement
4. Deportation or forcible transfer of population
5. Imprisonment or other severe deprivation of physical
liberty
6. Torture
7. Rape
8. Sexual slavery
9. Enforced prostitution
10.Forced pregnancy
11.Enforced sterilization
12.Sexual violence

51. 41
13.Persecution
14. Enforced disappearance of persons
15. Apartheid
What are war crimes ?
Article 8 of The Rome statute defines war crimes
depending on whether an armed conflict is either international
or non-international. The most serious crimes, are those that
constitute grave breaches of the Geneva Conventions of 1949.
Any of these following acts can constitute a war crime if
there are being or were committed as a a part of a state policy
and in the context of an armed conflict whether; international
or non-international armed conflict;
1. Willful killing
2. Torture
3. Inhuman treatment
4. Biological experiments
5. Willfully causing great suffering
6. Destruction and appropriation of property
7. Compelling service in hostile forces
8. Denying a fair trial

52. 42
9. Unlawful deportation and transfer
10.Unlawful confinement
11.Taking hostages
* * * *

53. 43
Thirdly: Theory of Right:
In the part of study we will study, in brief, the theory of
right, showing what does right means? Its types and the holder
of the right.
The right can be easily defined as any interest which is
protected and recognized by the law applied in a certain
territory at a certain period of time.
So, for claiming of such right it must be first of all a
recognized one; the right to hold a name or the right to stand
for the parliamentary elections or to run for the presidential
elections are all said to be rights as they are recognized by the
law. While, the human act of stealing the others' things is not
considered a right. Also, to abuse drugs is not, too because
both are not considered or recognized by the law.
Moreover, it is not enough to be a recognized right but
also, it must be protected by the recognizing law itself.
Types of rights:
Legal rights can be classified into two big classes; civil
rights and political ones.

54. 44
1- Political rights: are these rights concern the government
and the administration of the state. For example; the
right to vote in the elections or the right to hold public
offices and positions.
2- Civil rights :are these rights concern the people and
enjoyed by each one of them.
Civil rights has two kinds of rights, the Public rights like
the right to life and holding a name and private rights as the
incorporeal rights.
[
Who is the holder of a right ?
The Person is the holder of the right. A person is any
being who is capable of rights and duties.
Types of persons:
1- Natural Person:
These persons are persons in fact as well as in law.
2- Juristic Person:
These persons are persons in law but not in fact. That's
why they are also called fictitious, artificial or moral persons.

55. 45
For example; associations and corporations are considered
artificial persons;
Association: is a group of people who agree to
cooperate in establishing a non-profitable object which may be
a charitable or an educational one14
.
Corporations: is a group of people who agree to
cooperate in establishing a pecuniary and profitable project
with a view to divide the gains or the losses among
themselves15
.
14
Fathi Al Wahaidi, English Legal Terminology, second edition, 2011, Page 11.
15
Fathi Al Wahaidi, Ibid, Page 11.

56. 46
Fourthly: Branches of Private Law:
As we mentioned in the previous part of this book,
private law is defined as that branch of law which includes the
civil law, commercial law and private international law
besides that we will illustrate taxation and financial law.
So, in this part we will illustrate in brief the most
important issues with regard to these branches of the public
law.
- Civil Law.
- Commercial Law.
- Private International Law.
- Taxation and Financial law.
A) Civil Law:
Civil law is a modern legal system based upon Roman
law, as distinguished from common law. Civil law is based on
written legal codes, a hallmark of the Roman legal system, in
which disputes were settled by reference to a written legal code
arrived at through legislation, edicts, and the like; common
law is based on the precedents created by judicial decisions
over time. The civil law judge is bound by the provisions of the

57. 47
written law. The traditional civil law decision states the
applicable provision from the code or from a relevant statute,
and the judgment is based upon that provision16
.
Topics of Civil law17
:
Civil law involves cases where there are private disputes
between individuals or parties that cannot be resolved outside
the court system. They do not involve or affect other members
of society as in criminal law. Torts, contracts and the law of
negligence are integral parts of civil law. These are defined
below:
 Tort: An act of the legislature declaring, commanding,
or prohibiting something; a particular law enacted and
established by the will of the legislative department of
government
 Contracts: An agreement between two or more persons
which creates an obligation to do or not to do a particular
16
For more details follow this website:
http://www.infoplease.com/encyclopedia/society/civil-law.html
17
Introduction to civil law, LP-3.1-Final.pdf, on the following site:
http://lawlessons.ca/sites/default/files/handouts/LP-3.1-Final.pdf

58. 48
thing. We can also, say that a contract is an agreement
enforced by law.
 Negligence: The omission to do something which a
reasonable person, guided by those ordinary considerations
which regulate human affairs would do, or the doing of
something which a reasonable and prudent person would not
do.
There is another important topic of Civil law topics
which is; Obligation theory.
So, what is the obligation ? and what are its types ?
The obligation is a legal state by which a person is
obliged to transfer to another a certain right, to do a certain
act or to refrain from doing it.
The nature of the obligation differs according to the type
of the right itself, whether it is real one or personal one. So,
What do these rights mean ? and what is the difference
between them ?

59. 49
Personal right : is a legal relation between two persons;
the creditor and the debtor by virtue of which, the debtor is
required to give a thing, to do an act or not to do it.
Real right :is a certain power given by the law to a
certain person over a certain thing.
Also, there is the natural right which means a right
recognized by law but is not imposed by it. (For example; the
obligation to pay the sum to his owner – the creditor – after a
prescription.

60. 50
B) Commercial Law18
:
The commercial law can be defined as the body of rules
regulate and govern a squad of activities namely the
commercial activities also rules that applied on group of
people known as merchants.
So, it is obvious through the above-mentioned definition
that there are two vital subjects represent the scope of the
commercial law; the commercial activities and the merchant.
We believe in the previous definition because of its
wideness as it can include companies activities, partnerships
and the other commercial activities.
Characteristics of Commercial Law:
There are two main characteristics that demarcate the
commercial transactions from the other civil ones; Rapidity
"fastness' and Creditability .
That's why these transactions undergo various rules but
the civil ones.
18
See our book on Commercial Law, Lambert Academic Publishing, Germany, 2017.

61. 51
A) Rapidity:
Rapidity is considered the first character that
commercial law is characterized by, where many commercial
activities and transactions can be carried out through fax,
telephone or even on the internet.
For a trader, each of his transactions is followed by
another. Thus, we can say that most of his activities are
cumulative not disjunctive. That's why rapidity is needed in the
field of the commercial law. That all stands beside another
reason for such rapidity; gaining profits.
B) Creditability:
Creditability is the main pillar of the commercial
activities and its various transactions because sometimes the
trader is not able to pay his seller the time he is contracting
with him or even the time of delivering his goods for example.
In this case, the seller will grant him the suitable time for the
purposes of payment.
If trader "the seller in the previous example" is not
granted such time, then he or she can get the money required

62. 52
for his deal through resorting a bank which will grant him a
loan for example.
For all what have been mentioned above, Creditability
and rapidity are said to be the backbone of the commercial life
as the last is a series of various transactions where trader is
the creditor in some of which and the debtor in the other ones.
One matter is last; to decide why commercial law and
commercial activities differs – in some matters – from the civil
works!
The relation between commercial law and other
branches of law.
Commercial law is a branch of the private law. Despite
of the independence character that the commercial law has and
is characterized by, it has many links with the other branches
of law whether they are belonging to private law or even to
public law. For example, the commercial law mentions a lot of
the penalties within its provisions, articles and stipulations. So,
we can say that there is a considerable relation between that
law and the penal law.

63. 53
Hereinafter, some of laws that have relations and links
with the commercial law;
A) Civil law:
when a judge is seeking a suitable provision in
commercial law to be applied in the commercial action
brought before him and fails to do so, he can seek the suitable
alternative law; the civil law, as the last is known as the
"Father of laws".
B) Private International Law:
This branch of private law deals with the international
relations which contains the foreign party. For this, the
commercial law cooperate with the private international law
with respect to international commercial transactions.
C) Criminal law:
Sometimes we can find some articles in the penal law – a
branch of criminal law – criminate some wrong or twisted
actions in the commercial zone. For example, the law
criminates the state of issuing of a check if there is no fund the
time of its issuance.

64. 54
D) Taxation law.
E) Public international law.
F) Administrative law.
Sources of the Commercial law:
Rules and provisions of the commercial law can be
derived from many various sources. These sources varies in its
implementations priority and its value in proving "reus
judicata" as follows;
- Legislation.
- Commercial customs.
- Judicial precedents.
- Jurisprudence.
- Rules of Equity and Justice.

65. 55
C) Private International Law (Private IL):
Private International Law can be defined as that branch
of law which deals with the cases when it contains the foreign
element.
Topics of Private IL:
There are many topics that private international law is
interested in, for example:
1- Conflict of Laws: is the body of principles
determining which of two or more systems of law will
prevail when both are valid to be applied on the same
case.
2- Domicile: is the relation of an individual to a
particular state arises from his residence within its
boundaries and deems as an active member of its
community.
3- International Jurisdiction: A principle determines
when the court will be able to exercise its
jurisdiction. Especially, if there are many courts can
exercise their competence on the same case.

66. 56
4- Residence: is the habitual physical and temporary
existence or presence in a place within a state
without the intention of being or remaining there
permanently.
5- Nationality: The legal relationship between a person
and a sovereign state to whom he owes loyalty,
allegiance and obedience.

67. 57
D) Taxation and Financial Law:
- Taxation Law:
Taxation law is that branch of law which clarifies how to
decide the summation of every tax and the legal procedures
that can be taken in case of the taxation conflict between the
Payee and the tax observer or collector.
What is tax ?
Tax is defined as sum of money is compulsory imposed
by the state or one of its entities, on the payee; which he/she
pays it without any restoration and in a final way.
What is the taxation conflict ?
The taxation conflict is that conflict that occurs and
arise between the payee and the state on the issue of the
taxation decision with respect to the sum of the tax or on the
matter of how to collect that tax.
So, the taxation conflict has only two important parties
within it; the payee who is the person challenges the taxation
decisions and the state or its entities that take those decisions.

68. 58
- Financial Law:
This also a very vital branch of law. Its importance
relates to its connection with money; the main pillar of the
economy and production.
This law includes the rules which organize and regulate
the revenues (incomes) such as taxes and fees, expenditures,
doing the state budget and decides what are the main factors of
production within a state.
This branch of law is classified as a branch of the Public
law not the private one as it has relations with the state more
than the individuals.
What are the main factors of production ?
There are 4 main factors of production19
;
1- Land: means all the sources endowed by nature
including the fields, hills and water.
2- Capital: the stock of wealth which exists at any moment
of time.
19
Fathi Al Wahaidi, Ibid, page 55 and 56.

69. 59
3- Labor (Labour): the exercise of human physical and
mental powers in the creation of wealth.
4- Enterprise: it means how to make a well-organized
fulfillment of the tasks.

70. 60

71. 61
Common Legal terminologies
‫يعي‬ ‫ل‬ ‫ل‬
Legislature authority
‫ي‬ ‫ي‬ ‫ل‬ ‫ل‬
Executive authority
‫ئي‬ ‫ل‬ ‫ل‬
Judiciary authority
‫ل‬ ‫ل‬
Parliament
‫م‬ ‫ح‬
Government
‫ي‬
Minister
‫ء‬ ‫ل‬ ‫ئيس‬
Prime minister
‫مح‬
Court
‫ن‬ ‫ق‬ ‫م‬
Bill
‫م‬
(
‫ن‬ ‫ق‬
)
Draft
‫ء‬ ‫ل‬ ‫ب‬ ‫إق‬
Approved passed
‫ل‬ ‫أ‬ ‫ء‬ ‫ل‬
First reading
‫ئيس‬ ‫ل‬ ‫من‬ ‫يق‬ ‫ل‬
Ratification
‫ي‬ ‫ل‬ ‫في‬ ‫ل‬
Gazette
‫ي‬ ‫تع‬
Comments
‫ني‬ ‫ل‬ ‫ء‬ ‫ل‬
Second reading

72. 62
‫س‬
Authority
‫ل‬ ‫أ‬ ‫ج‬ ‫ل‬ ‫مح‬
(
‫أ‬
‫ج‬
)
First degree court
‫ح‬ ‫ل‬ ‫مح‬
Magistrate court
‫ح‬ ‫ل‬ ‫مح‬
(
‫ب‬ ‫أ‬ ‫حي‬ ‫ض‬ ‫في‬
)
District court
Conciliation court
‫ي‬ ‫ل‬ ‫مح‬
Court of 1st
instance
‫ف‬ ‫اس‬ ‫مح‬
court of appeal
‫ض‬ ‫ل‬ ‫مح‬
(
‫يي‬ ‫ل‬
)
Court of cassation
‫ي‬ ‫لع‬ ‫ح‬ ‫ل‬
Supreme court
‫ي‬ ‫س‬ ‫ل‬ ‫ح‬ ‫ل‬
Constitutional court
‫ي‬ ‫إ‬ ‫ح‬ ‫ل‬
Administrative court
‫عي‬ ‫ل‬ ‫ح‬ ‫ل‬
Sharia court
‫ي‬ ‫لع‬ ‫ح‬ ‫ل‬
Military court
‫ي‬ ‫ع‬ ‫ك‬ ‫مح‬
(
‫ي‬ ‫خ‬
‫س‬
‫خل‬
‫يش‬ ‫ل‬
)
Court martial
‫أح‬ ‫مح‬
Juvenile court
‫ل‬ ‫هي‬
The panel
‫ضي‬ ‫ق‬
Judge

73. 63
‫ف‬ ‫مح‬
Jury
‫لع‬ ‫تب‬ ‫ك‬
Notary public
‫جب‬ ‫لح‬
Bailiff
‫ح‬ ‫ل‬ ‫تب‬ ‫ك‬
Clerk
‫لع‬ ‫ئب‬ ‫ل‬
Attorney general
‫ب‬ ‫ي‬ ‫ل‬ ‫كيل‬
Prosecutor
‫م‬
Counselor
‫يه‬ ‫ع‬ ‫ع‬ ‫م‬
‫س‬
‫م‬ ‫م‬
Defendant
‫عي‬ ‫م‬
Plaintiff
‫عي‬ ‫م‬
Claimant
‫ليل‬
Evidence- clue
‫ء‬ ‫ب‬
Acquittal
‫م‬ ‫ع‬ ‫ل‬ ‫ك‬
Power of attorney
‫م‬
Convicted
‫ف‬ ‫ق‬ ‫م‬
Arrest
‫م‬ ‫ح‬
Sentence
‫أشغ‬ ‫ب‬ ‫ع‬
Serve the imprisonment
sentence

74. 64
‫ي‬ ‫ل‬ ‫إف‬
Conditional release
‫ت‬
Prescription
‫ل‬ ‫ح‬
Referral
‫ت‬ ‫ائح‬
Bill of indictment
‫ت‬
Charge
‫ي‬ ‫ج‬
Crime
‫ل‬ ‫م‬
Offence
‫ل‬ ‫م‬
Contravention
‫ح‬ ‫ج‬
Misdemeanor
‫ي‬ ‫ج‬
Felony
‫ل‬ ‫أ‬ ‫ص‬ ‫ن‬
Lack of sufficient evidence
‫ي‬ ‫ل‬ ‫ئ‬
Execution department
‫جعي‬ ‫ث‬
Retroactive effect
‫ي‬ ‫ق‬ ‫ي‬ ‫ج‬
Instantaneous crime
‫م‬ ‫ي‬ ‫ج‬
Continuous crime
‫ي‬ ‫أه‬
‫ئي‬ ‫ج‬
Procedural capacity
‫ي‬ ‫ل‬ ‫قف‬ ‫مع‬
In suspension

75. 65
‫س‬ ‫م‬
Decree
‫سي‬ ‫ئ‬ ‫س‬ ‫م‬
Presidential decree
‫ن‬ ‫ل‬ ‫ب‬ ‫سيم‬ ‫م‬
Decree laws
‫ق‬
Ministerial decision
‫ك‬ ‫ت‬ ‫ب‬
Protocol
‫أمن‬ ‫س‬ ‫م‬
UN security council
‫ح‬ ‫ل‬ ‫لأمم‬ ‫م‬ ‫لع‬ ‫عي‬ ‫ل‬
UN general assembly
‫ض‬ ‫ل‬ ‫حق‬
(
‫في‬
)
Veto
‫ق‬
(
‫حل‬
)
Resolution
‫ح‬ ‫ل‬ ‫أمم‬ ‫مي‬
UN charter
‫ل‬ ‫ف‬
Chapter
‫إن‬ ‫ح‬ ‫س‬ ‫م‬
Human Right Council
‫إن‬ ‫لح‬ ‫ح‬ ‫ل‬ ‫أمم‬ ‫ل‬
UN commission of human
right
‫إن‬ ‫لح‬ ‫مي‬ ‫ل‬ ‫ل‬
UN high commissioner for
H.R.
‫عي‬ ‫اج‬ ‫اق‬ ‫س‬ ‫ل‬
ECOSOC
‫إن‬ ‫ح‬ ‫ل‬
Human right committee

76. 66
‫لي‬ ‫ل‬ ‫لع‬ ‫مح‬
International court of
justice
‫س‬ ‫أ‬
Advisory opinion
‫لي‬ ‫يم‬ ‫تح‬
Arbitration
‫ني‬ ‫إن‬ ‫لي‬ ‫ل‬ ‫ن‬ ‫ل‬
International Humanitarian
law
‫إن‬ ‫لح‬ ‫لي‬ ‫ل‬ ‫ن‬ ‫ل‬
International human right
law
‫في‬ ‫ض‬ ‫ك‬ ‫ت‬ ‫ب‬
Additional protocol
‫يف‬ ‫جي‬ ‫قي‬ ‫ت‬
Geneva convention
International bill of right
‫إن‬ ‫لح‬ ‫ي‬ ‫ل‬ ‫لع‬ ‫إعا‬
Universal declaration of
H.R
.
‫ني‬ ‫ل‬ ‫ح‬ ‫ل‬ ‫لي‬ ‫ل‬ ‫لع‬
‫سي‬ ‫ي‬ ‫ل‬
Covenant oncivil and
political rights
‫ي‬ ‫اق‬ ‫ح‬ ‫ل‬ ‫لي‬ ‫ل‬ ‫لع‬
‫في‬ ‫ل‬ ‫عي‬ ‫اج‬
Covenant on economical,
social and cultural rights
‫ق‬ ‫ع‬ ‫ل‬ ‫ل‬
(
‫ف‬ ‫أ‬
)
State parties
‫ق‬ ‫ع‬ ‫ل‬ ‫مي‬ ‫ل‬ ‫ل‬
High contracting parties
‫ن‬
Violation

77. 67
‫يم‬ ‫ج‬ ‫ن‬
Grave breach
‫ح‬ ‫م‬
/
‫ح‬ ‫ي‬ ‫ج‬
War crime
/
War criminal
‫عي‬ ‫ل‬ ‫إب‬
Genocide
‫قي‬ ‫ع‬ ‫ي‬ ‫ت‬
Ethnic cleansing
‫يب‬ ‫تع‬
Torture
‫ي‬ ‫ع‬ ‫أ‬ ‫ق‬ ‫س‬
Slavery
‫ل‬ ‫ب‬ ‫ات‬
Human trafficking
‫ف‬ ‫ك‬ ‫يب‬ ‫ع‬ ‫ل‬ ‫ه‬ ‫م‬ ‫قي‬ ‫ت‬
‫أش‬
‫م‬ ‫ع‬ ‫ل‬ ‫ي‬ ‫ح‬ ‫ل‬ ‫يب‬ ‫ع‬ ‫ل‬
‫سي‬ ‫ل‬
Convention against torture
and other degrading forms
of cruel punishment or
treatment
‫اض‬
Persecution
‫ب‬ ‫ع‬
(
‫ع‬ ‫قع‬ ‫ت‬
)
Sanction
‫ع‬ ‫م‬
Boycott
‫مل‬ ‫ل‬ ‫م‬ ‫ل‬ ‫ح‬ ‫أس‬
Weapons of mass
destruction
‫كي‬
Chemical

78. 68
‫ن‬
Nuclear
‫جي‬ ‫ل‬ ‫بي‬
(
‫حي‬
)
Biological
‫ا‬ ‫ح‬
Occupation
‫ي‬ ‫س‬
(
‫م‬
)
Settlement
‫ل‬ ‫مي‬ ‫ت‬
Destruction of property
‫م‬
Confiscation
‫ح‬
Seizure
‫يش‬ ‫ت‬ ‫ن‬
Check point
‫يش‬ ‫ت‬ ‫مح‬
Road block
‫يش‬ ‫ت‬
(
‫بيت‬ ‫سي‬
)
Search
‫يش‬ ‫ت‬
Checking
‫غ‬
-
‫ه‬ ‫م‬
Raid
‫س‬
storm
‫ي‬ ‫ج‬
Incursion
‫ف‬ ‫ق‬
Shelling
‫ب‬ ‫ب‬ ‫ل‬ ‫أ‬ ‫فعي‬ ‫ل‬ ‫ف‬ ‫ق‬
Artillery shell – tank shell
‫ج‬ ‫أ‬ ‫بح‬ ‫ف‬ ‫ق‬
Bombardment
‫ي‬ ‫ن‬ ‫ح‬ ‫أس‬
Fire arms

79. 69
‫حي‬ ‫ص‬ ‫ص‬
Live bullet
‫حي‬ ‫خي‬
Live ammunition
‫م‬ ‫عي‬
Explosive bullet
‫ي‬ ‫ع‬ ‫عي‬
‫ع‬ ‫ل‬
High velocity bullet
‫ل‬ ‫تح‬ ‫م‬
Phosphorous bombs
‫مح‬
-
‫ح‬
Banned
‫ج‬ ‫ح‬ ‫م‬
Restricted air zone
‫ل‬ ‫ع‬ ‫م‬
Buffer
‫ح‬
Border
‫ي‬ ‫م‬ ‫ص‬
Rubber bullet
‫ع‬ ‫ل‬ ‫ب‬ ‫ف‬ ‫مغ‬ ‫ي‬ ‫م‬ ‫ص‬
Rubber-coated metal bullet
‫غب‬ ‫ل‬ ‫فح‬ ‫م‬
Riot control
‫ع‬ ‫ن‬
Public order
‫اس‬
Stability
‫عي‬ ‫ج‬ ‫ب‬ ‫ع‬
Collective punishment
‫ح‬
Closure
‫ج‬ ‫أ‬ ‫بح‬ ‫ح‬
Siege

80. 70
‫أض‬
Damages
‫أض‬ ‫ن‬ ‫ق‬
Tort law
‫يض‬ ‫تع‬
Compensation
‫ل‬ ‫ج‬
Remedy
‫ف‬ ‫ن‬
Redress
‫ضي‬ ‫أ‬ ‫يف‬ ‫ت‬
Land leveling
‫مي‬ ‫ت‬
‫ل‬
House demolition
‫ي‬ ‫ج‬ ‫غ‬
‫س‬
‫ي‬ ‫ج‬ ‫ب‬ ‫ض‬
Air strike-raid
‫ع‬
Offensive
‫ني‬ ‫م‬ ‫ص‬ ‫ش‬
Civilian
‫ع‬ ‫ص‬ ‫ش‬
Militant
‫ع‬ ‫ه‬ ‫ش‬
Para military
‫م‬ ‫م‬
Resistance
‫ي‬ ‫ي‬ ‫مي‬
Militia
‫جيش‬
Army
‫ح‬ ‫م‬ ‫ق‬
Armed forces
‫بط‬ ‫ض‬
Soldier

81. 71
‫أ‬ ‫ما‬
Lieutenant
‫يب‬ ‫ن‬
Captain
‫ئ‬
Major
‫م‬
Lieutenant colonel
‫ي‬ ‫ع‬
Colonel
‫ي‬ ‫ع‬
Brigadier
‫ء‬ ‫ل‬
Major General
‫ق‬ ‫ي‬ ‫ت‬
Forcible migration
‫ل‬ ‫تحت‬ ‫ي‬ ‫خ‬ ‫ني‬ ‫س‬ ‫ن‬
Forcible displacement
‫ق‬ ‫ل‬ ‫ن‬
Forcible transfer
‫يم‬ ‫ت‬
Extradition
‫كم‬ ‫يح‬
Prosecute
‫لي‬ ‫م‬
Admissibility
‫خ‬
Jurisdiction
‫ق‬ ‫مح‬
Investigator
‫ئق‬ ‫لح‬ ‫ي‬ ‫ت‬ ‫ل‬
Fact finding mission
‫ت‬ ‫ل‬ ‫حق‬
The right to peaceful
assembly

82. 72
‫عامي‬ ‫ي‬ ‫ع‬
Propaganda
‫ح‬
Campaign
‫ث‬ ‫غ‬
Relief
‫من‬ ‫ت‬
Solidarity
‫اجئ‬
Refugee
‫أ‬ ‫م‬
‫س‬
‫مأ‬
Shelter
‫هي‬
Hostage
‫ي‬ ‫ف‬
Ransom
‫ف‬ ‫خ‬
‫س‬
‫ف‬ ‫خ‬
Kidnapping
‫س‬
kidnapper
‫ف‬ ‫خ‬
‫س‬
‫ف‬ ‫خ‬
Abduction
‫س‬
abductor
‫ص‬ ‫يح‬
Besiege
‫س‬ ‫ق‬ ‫ي‬
Release
‫ل‬ ‫ق‬
Elite forces
‫ص‬ ‫غ‬
Submarine
‫بي‬ ‫ح‬ ‫ي‬ ‫س‬
Gunship
‫ع‬ ‫قع‬ ‫م‬
Location
‫ني‬ ‫م‬ ‫قع‬ ‫م‬
‫س‬
‫ع‬
Post

83. 73
‫مع‬
Crossing
‫يح‬ ‫ت‬ ‫ق‬
Permit
‫س‬
‫س‬
‫يح‬ ‫ت‬
Permission
‫قي‬
Restrictions
‫أصل‬ ‫م‬
Inherently
‫م‬ ‫ل‬ ‫ب‬
Evenly
‫حق‬ ‫ي‬
Deserve
‫من‬ ‫ل‬ ‫ب‬
(
‫قت‬ ‫ل‬ ‫س‬ ‫ب‬
)
Concurrently
‫ل‬ ‫مع‬
Internee
‫ه‬ ‫مع‬
Treaty
‫ع‬ ‫م‬
Multilateral
‫أح‬
Unilateral
‫ق‬ ‫ي‬
Enforce
‫تع‬
,
‫ع‬
Pledge
‫عي‬ ‫ج‬ ‫ب‬ ‫ع‬
Collective Punishment
‫ي‬ ‫م‬ ‫ش‬
Emblem , Insignia

84. 74
‫ي‬‫ق‬ ‫ي‬
,
‫يع‬
Promote
‫ع‬ ‫ي‬
Encourage
‫يع‬
Enhance
‫ي‬
,
‫عم‬ ‫ي‬
Strengthen
‫ح‬ ‫ي‬ ‫يع‬
Consolidate
‫ح‬ ‫ن‬
(
‫ي‬ ‫خ‬
)
‫م‬ ‫ل‬ ‫مأ‬ ‫ا‬ ‫م‬
(IDPs)
Internal Displaced Persons
‫ي‬
,
‫ي‬
Flee
‫م‬ ‫ق‬ ‫كن‬ ‫أم‬
Residences
‫يح‬
Deprive
‫ص‬ ‫ش‬ ‫ف‬ ‫ي‬
Abduct
‫ئ‬ ‫ف‬ ‫ي‬
Hijack
‫ني‬ ‫م‬ ‫ش‬ ‫ف‬ ‫ي‬
Kidnap
‫ع‬ ‫ف‬ ‫م‬
(
‫ليط‬ ‫ش‬ ‫ل‬ ‫م‬
)
Captured
‫ح‬ ‫س‬ ‫ي‬ ‫بأغ‬
Over whelming
‫ي‬ ‫ك‬ ‫ج‬ ‫ل‬ ‫ع‬ ‫م‬
Over whelmed
‫لح‬ ‫أسي‬
PoW)
)
Prisoner of War

85. 75
‫ح‬ ‫يم‬ ‫م‬
Concentration Camp
‫أح‬ ‫ا‬ ‫ل‬
Red Crescent
‫يض‬ ‫ت‬
Mandate
‫من‬ ‫بع‬ ‫ن‬
‫عن‬ ‫تج‬ ‫ن‬
Stems out
Stems from
‫ن‬ ‫ض‬
,
‫ن‬ ‫ي‬
Guarantee
‫م‬ ‫غي‬ ‫ي‬ ‫ب‬
(UXO)
Unexploded ordnance
‫فعي‬ ‫م‬
Ordnance
‫س‬ ‫م‬
‫ي‬ ‫س‬ ‫أم‬
Ordinance
‫نين‬ ‫ل‬ ‫يع‬ ‫ي‬
Obey the Law
‫قي‬ ‫ع‬ ‫ي‬ ‫ت‬
Ethnic Cleansing
‫ح‬ ‫ن‬
‫س‬
‫ح‬ ‫م‬
Suicide – Suicidal
‫ل‬ ‫ق‬
‫س‬
‫م‬
Homicide – Homicidal
‫يج‬ ‫ن‬
Fabric
‫ب‬ ‫س‬
Plunder
‫ب‬ ‫ن‬
(
‫ص‬ ‫خ‬ ‫لح‬ ‫ل‬ ‫ح‬ ‫في‬
)
Pillage

86. 76
‫يح‬
Ban
‫ي‬ ‫يح‬
Preserve
‫م‬
,
‫ث‬
Rebels
‫بح‬ ‫م‬
Massacre
‫ع‬ ‫ل‬
Hostilities
‫ي‬
Impose
‫ص‬
‫ص‬ ‫غي‬
Relevant
Irrelevant
‫ف‬
Circumstances
‫ل‬ ‫ف‬
Failure
‫ئ‬ ‫خ‬
Casualties
‫مي‬ ‫ل‬
Obligatory
‫م‬ ‫ك‬
Dignity
‫سي‬ ‫أس‬
Fundamental
‫ع‬
(
‫مت‬ ‫س‬ ‫ي‬ ‫ع‬ ‫بل‬ ‫ق‬
‫ت‬ ‫في‬ ‫ل‬ ‫ح‬ ‫في‬
6002
)
Cluster bombs
‫يع‬ ‫س‬ ‫ق‬ ‫ع‬ ‫ي‬ ‫م‬ ‫ب‬ ‫ض‬
Surge call strikes
‫ي‬ ‫ع‬
Doctrine

87. 77
‫ي‬ ‫ع‬
Threshold
‫ن‬ ‫لح‬
Immunity
‫لع‬ ‫من‬ ‫إفا‬
Impunity
‫ك‬ ‫مح‬
Tribunals
‫ت‬ ‫ل‬ ‫لح‬ ‫ح‬ ‫ش‬
(
‫ي‬ ‫صف‬
‫ل‬ ‫ل‬ ‫في‬ ‫ي‬ ‫ك‬
)
Grim specter of war
‫ي‬
Prevail
‫ء‬ ‫م‬ ‫ل‬ ‫ت‬ ‫ش‬ ‫ت‬
Blood Splattered
‫سحيق‬ ‫من‬ ‫م‬
Immemorial
‫س‬
Polarization
‫أف‬ ‫ض‬ ‫ألغ‬
Anti-personnel mines
‫ي‬ ‫أه‬ ‫لح‬ ‫ف‬ ‫ح‬ ‫ع‬
On brink of a civil war
‫لق‬ ‫ع‬
Stranded
‫مع‬
(
‫ع‬ ‫ل‬ ‫ئيس‬ ‫ل‬
)...
Ousted (ousted president)
‫ي‬
,
‫ب‬ ‫ي‬
Denounce
‫ب‬ ‫لان‬ ‫ه‬ ‫ن‬ ‫شح‬ ‫ي‬
Stands for elections
Runs for elections
‫ل‬ ‫ه‬ ‫ن‬ ‫يع‬
Jeopardize

88. 78
‫لغ‬ ‫ي‬
Exaggerate
‫ل‬ ‫ت‬ ‫ي‬
Improvise
‫ع‬
Unprompted
‫ل‬ ‫ت‬ ‫م‬
,
‫ت‬ ‫ا‬ ‫في‬ ‫ب‬
Extemporaneous
‫ي‬ ‫م‬
Restricted
‫ئ‬ ‫ل‬ ‫بل‬ ‫ق‬ ‫غي‬
Indivisible
‫ب‬ ‫م‬
Interrelated
‫عض‬ ‫ل‬ ‫ه‬ ‫بع‬ ‫ع‬ ‫قف‬ ‫م‬
Interdependent
‫ن‬ ‫ل‬ ‫سي‬
Rule of law
‫ل‬ ‫ل‬ ‫ف‬
Separation of powers
‫ين‬ ‫ت‬
Empowerment
‫ني‬ ‫ن‬ ‫ل‬
Legality
‫عي‬ ‫ل‬
Legitimacy
‫عم‬ ‫ي‬ ‫ك‬ ‫ي‬
Uphold
‫ل‬ ‫س‬ ‫ء‬ ‫س‬
Abuse of Powers
‫مي‬ ‫ل‬
Mandatory
‫جعي‬ ‫غي‬ ‫بأث‬
Non retroactivity

89. 79
‫ي‬ ‫م‬
Land-marked
‫ي‬ ‫ن‬ ‫ق‬
Relative power
‫م‬ ‫ق‬
Absolute Power
‫ل‬
Predictability
‫ب‬ ‫ق‬ ‫ف‬ ‫ش‬
Oversight
‫عي‬ ‫ل‬ ‫فع‬
Awareness raising
‫ل‬
Elites
‫ي‬ ‫ع‬ ‫ل‬ ‫ل‬
Grace roots
‫ه‬ ‫ف‬
Jurisprudence
‫مع‬ ‫غي‬
Indispensable
‫ئي‬ ‫ث‬ ‫ن‬
Dualistic system
‫ح‬ ‫م‬ ‫ن‬
Monistic system
‫إن‬ ‫لح‬ ‫بي‬ ‫أ‬ ‫ح‬ ‫ل‬
(ECHR)
European Court for Human
Rights
‫إن‬ ‫لح‬ ‫ي‬ ‫ل‬ ‫س‬ ‫ل‬
(NHRIs)
National Human Rights
Institutes

90. 80
‫ل‬ ‫ع‬ ‫ك‬ ‫مح‬
(F.T)
Fair Trial
‫ي‬ ‫ل‬ ‫ل‬ ‫لع‬
(GJ)
Gender Justice
‫ل‬ ‫ع‬ ‫ل‬ ‫ص‬ ‫ل‬
(A2J)
Access to Justice
‫ي‬ ‫ي‬ ‫ل‬ ‫ي‬ ‫ل‬ ‫ل‬
(PA) (PNA)
Palestinian (National)
Authority
‫ني‬ ‫ل‬ ‫ع‬ ‫ل‬ ‫س‬ ‫م‬
(CBO)
Community Based
Organizations
‫ن‬ ‫ل‬ ‫سي‬
(RoL)
Role of Law
‫م‬ ‫ع‬ ‫ل‬ ‫ك‬
(PoA)
Power of Attorney
‫أع‬ ‫ء‬ ‫ل‬ ‫س‬ ‫م‬
(HJC)
High Justice Council
‫ء‬ ‫ل‬ ‫ني‬ ‫ن‬ ‫ل‬ ‫ين‬ ‫ل‬
(LEP)

91. 81
Legal Empowerment of
Poor
‫لع‬
(MOJ)
Ministry of Justice
‫ئي‬ ‫ل‬ ‫م‬ ‫ل‬ ‫ل‬ ‫ع‬ ‫ف‬ ‫غ‬
(JSWR)
Justice Sector Working
Room
‫ي‬ ‫ض‬
Conscience
‫ك‬ ‫ح‬
Governance
‫قع‬ ‫ل‬ ‫أم‬ ‫م‬ ‫ح‬
De facto Government
‫ل‬ ‫ل‬ ‫م‬ ‫لح‬
Disposed Government
Dismissed Government
‫أع‬ ‫يف‬ ‫ت‬ ‫أ‬ ‫يي‬ ‫ت‬ ‫م‬ ‫ح‬
"
‫م‬ ‫ح‬ ‫ل‬ ‫م‬
.
‫في‬ ‫سا‬
"
Care-takes Government
‫ء‬ ‫س‬
Referendum
‫اق‬
Poll
‫ي‬ ‫تح‬ ‫ي‬ ‫ب‬
Infrastructure
‫ءل‬ ‫ل‬
Accountability

92. 82
‫ن‬ ‫ل‬ ‫ئ‬ ‫تحت‬
Accountable to Law
‫م‬ ‫م‬ ‫ي‬ ‫ت‬
Sustainable Develop.
‫ل‬ ‫مح‬
Potential
‫ه‬ ‫ل‬ ‫حيث‬ ‫من‬
In essence
‫عبء‬
,
‫ل‬ ‫ح‬
Burdensome
‫قعي‬
,
‫ه‬ ‫ج‬
Substantive
‫ه‬ ‫ج‬
Substantial
‫مغ‬ ‫أ‬ ‫مغ‬ ‫شيء‬
,
‫ء‬ ‫إغ‬
Temptation
‫ح‬ ‫ي‬
Unify
‫ق‬ ‫ي‬ ‫أ‬ ‫ق‬ ‫يح‬
Implement
‫ل‬ ‫ه‬ ‫في‬
‫ي‬ ‫ل‬ ‫ه‬ ‫في‬
In this regard
In this context
‫عن‬ ‫ع‬ ‫ي‬
Abstain
‫ش‬
Bribery
‫اب‬
Blackmailing
‫ب‬ ‫ن‬
Erecting
‫يف‬ ‫ل‬ ‫في‬ ‫أق‬ ‫ب‬ ‫مح‬
Nepotism

93. 83
‫ن‬ ‫ن‬ ‫ق‬
(
‫أم‬ ‫يل‬ ‫غ‬
)
Laundering
‫يح‬
(
‫لــ‬ ‫لع‬ ‫ق‬ ‫ي‬
)
Unleash
‫م‬
Venue
‫ي‬
‫خل‬
Revenue
Income
‫ن‬
Outcome
‫ج‬ ‫ح‬
,
‫س‬
,
‫ئل‬ ‫ح‬
Barrier
‫ني‬ ‫ن‬ ‫ق‬ ‫ع‬ ‫م‬
Para legal
‫ء‬ ‫عي‬ ‫ل‬ ‫ب‬ ‫ف‬ ‫ي‬ ‫ص‬ ‫ش‬
‫ه‬ ‫ح‬ ‫م‬
(
‫ي‬ ‫ح‬ ‫م‬ ‫مي‬ ‫لع‬ ‫ب‬
)
Self-driven
‫ح‬ ‫م‬
Aspect
‫ح‬ ‫م‬
Rival
‫ي‬ ‫ت‬
,
Manifestation
‫لـ‬ ‫ع‬ ‫ن‬ ‫أ‬ ‫ميل‬ ‫أ‬ ‫ت‬
Tendency
‫ض‬ ‫م‬
Litigation
‫ي‬
Undermine
‫ث‬ ‫ي‬
Eradicate

94. 84
‫فيع‬ ‫أ‬ ‫س‬
Sublime
‫في‬ ‫ل‬
Transparency
‫يا‬
(
‫كل‬ ‫م‬
)
Woes
‫سب‬ ‫ل‬ ‫قت‬ ‫ل‬ ‫في‬
Timely
‫ل‬
Makeup
‫لحي‬ ‫ب‬ ‫عم‬ ‫م‬
Animation
‫م‬ ‫أ‬ ‫مت‬ ‫م‬ ‫سامي‬ ‫عي‬
Islamic Radical Breacher
‫م‬
Binding
‫قع‬ ‫م‬
Signatories
‫م‬ ‫ح‬
Ruling
‫حي‬ ‫ف‬
Editorial
‫ط‬ ‫أح‬
,
‫ف‬ ‫ك‬
,
‫أ‬ ‫ط‬ ‫م‬ ‫ل‬ ‫أف‬
‫ي‬ ‫ع‬
Unfold
‫مائم‬ ‫غي‬
Inconvenient
‫ح‬ ‫م‬ ‫ي‬ ‫ق‬
Pressing Issues
‫ي‬ ‫ح‬
Liberty
‫ب‬
Human shield
‫ف‬ ‫ل‬ ‫بل‬ ‫ق‬ ‫غي‬
Inalienable

95. 85
‫ت‬ ‫م‬
Belligerents
‫شغب‬ ‫أع‬
Riots
‫ع‬ ‫يل‬ ‫ف‬
Faction Military
‫ضي‬ ‫أ‬ ‫لغم‬
Landmine
‫ي‬ ‫ج‬
Incursion
‫ك‬
Struggle
‫غ‬ ‫أ‬ ‫ي‬ ‫غ‬
Assassination
‫ق‬ ‫غ‬
Shipwrecked
‫ك‬ ‫مح‬ ‫ن‬ ‫ل‬ ‫خ‬ ‫ل‬ ‫ق‬
Summary Execution
‫ن‬ ‫ل‬ ‫خ‬ ‫ل‬ ‫ق‬
Extra Judicially killing
‫ص‬ ‫م‬ ‫ع‬ ‫ج‬
Constituencies
‫سيط‬
Intermediary
‫ين‬ ‫لعي‬ ‫مع‬
Blind-folded
‫أ‬ ‫ل‬ ‫مع‬
Hand-coughed
‫ي‬ ‫ل‬ ‫في‬ ‫ي‬ ‫غ‬ ‫م‬ ‫مع‬
Classified Info.
‫يل‬ ‫ج‬
,
‫يب‬ ‫م‬
Massive
‫إح‬ ‫ق‬ ‫ل‬
Precision

96. 86
‫ق‬ ‫ل‬
Accuracy
‫ي‬ ‫ع‬ ‫ل‬
‫ل‬
Complexity
Simplicity
‫م‬
,
‫ئ‬
Excessive
‫ئعي‬
,
‫لي‬ ‫ص‬
,
‫ي‬ ‫ع‬
Pragmatic
‫ي‬ ‫ت‬
Discretionary
‫ش‬ ‫ن‬
Debates
‫ع‬ ‫ي‬ ‫يع‬
Foster
‫ب‬ ‫ص‬
Trauma
‫عن‬ ‫ض‬ ‫غ‬ ‫ي‬
Condone
‫تح‬
Harassment
‫أ‬ ‫يغ‬
‫شي‬ ‫س‬ ‫ل‬ ‫في‬ ‫ع‬ ‫ي‬
‫يء‬ ‫ب‬
Instill = Inculcate
‫يحث‬ ‫يغ‬ ‫أ‬ ‫يح‬
Incite or solicit
‫ع‬ ‫ص‬
Stigma
‫ه‬ ‫م‬
Dismayed
‫ي‬
Reiterate
‫ين‬ ‫ي‬
Deplores

97. 87
A Comprehensive Revision
Question No. ( 1 ) :
Put the suitable legal terminology before the following
definitions;
1- ……………………… is the body of rules which regulates
and governs the social conduct of people in a society at
a certain time and which are enforced by a sanction.
2- ……………………… is that branch of law which
regulates the relations of public persons among
themselves or relations arising between public persons
and private persons.
3- ……………………… is that branch of law which
regulates the relations of private persons among
themselves or between the state as a private person and
the individuals.
4- ……………………… is that branch of law which contains
the Civil law, Maritime law and Private International
law.
5- ……………………… is that branch of law which contains
the criminal law, Taxation law and Public international
law.

98. 88
6- ……………………… is the laying down of legal rules by
a sovereign or subordinate legislator.
7- ……………………… is the legislative authority in
Palestine.
8- ……………………… is the legislation that comes out of
the executive authority not the legislative one in cases of
necessity and authorization.
9- ……………………… is the common source of law, when
a person has been doing a thing regularly over a period
of time thinking that it is binding for him.
10. ……………………… is an interest which is recognized
and protected by virtue of law.
11. ……………………… are these rights concern the
government and the administration of the state. For
example; the right to vote in the elections or the right to
held public offices.
12. ……………………… are these rights concern the people
and enjoyed by each one of them.
13. ……………………… has two kinds of rights, the Public
rights like the right of life and holding a name and private
rights as the incorporeal rights.

99. 89
14. ……………………… is any being who is capable of
rights and duties.
15. ……………………… these persons are persons in fact as
well as in law.
16. ……………………… these persons are persons in law
but not in fact. That's why they are also called fictitious,
artificial or moral persons.
17. ……………………… is a group of people who agree to
cooperate in establishing a pecuniary project with a view to
divide the gain or the loss among themselves.
18. ……………………… is a group of people who agree to
cooperate in establishing a non-profitable object which may
be a charitable or an educational one.
19. ……………………… is the body of rules which define
the shape of rule in the state, show the three authorities and
specify the public rights and duties.
20. ……………………… is the constitution when the most
important rules are enacted, like the Israeli and Sudanese
constitutions.

100. 90
21. ………………………is the constitution when the most
important rules are not enacted or not written, like the
British and New Zealand constitutions.
22. ……………………… is a constitution that can be
changed in the same manner as ordinary laws.
21. ……………………… is a constitution that cannot be
changed in the same manner as ordinary laws.
22. ……………………… means all the sources endowed by
nature including the fields, hills and water.
23. ……………………… the stock of wealth which exists at
any moment of time.
24. ……………………… the exercise of human physical and
mental powers in the creation of wealth.
25. ………………………it means how to make a well-
organized fulfillment of the tasks.
26. ………………………is that branch of law which deals
with the cases when it contains the foreign element.

101. 91
27. ……………………… is the body of principles
determining which of two or more systems of law will
prevail when both is valid to be applied on the same case.
28. ……………………… is the relation of an individual to a
particular state arises from his residence within its limits as
a member of its community.
29. ……………………… a principle determines when the
court will exercise its jurisdiction.
30. ……………………… is the habitual physical existence or
presence in a place without the intention of being or
remaining there permanently.
31. ……………………… the legal relationship between a
person and a sovereign state to whom he owes loyalty,
allegiance and obedience.
32. ……………………… is a legal relation between two
persons; the creditor and the debtor by virtue of which, the
debtor is required to give a thing, to do an act or not to do
it.
33. ……………………… is a certain power given by the law
to a certain person over a certain thing.

102. 92
34. ……………………… is a right recognized by law but is
not imposed by it. (For example; the obligation to pay the
sum to his owner – the creditor – after a prescription.
35. ……………………… is any commission or commission
which is forbidden by law.
36. ……………………… No punishment or crime shall be
applied or prescribed till it is embraced by a legal text.
37. ……………………… is a crime which is penalized by
capital punishment or life-long imprisonment.
38. ……………………… is an offence penalized by
imprisonment between a week and three years according to
the Palestinian Criminal Law No. 74 (1936).
39. ……………………… is an offence penalized by
imprisonment between a day and less than a week
according to the Palestinian Criminal Law No. 74 (1936).
40. ……………………… the criminal case cannot be invoked
by the attorney general after a period of time differs
according to the adaptation of the crime in question.

103. 93
41. ……………………… the Penal can be applied on the
condemned after a period of time differs according to the
adaptation of the crime in question.
42. ……………………… being under the age of 18 in law.
43. ……………………… being more than 18 years old in
law.
44. ………………………cases that prevents the application
of the crime because of the absence of the criminal
responsibility.
45. ……………………… cases that prevents the application
of the Penal despite of the clear responsibility of the
perpetrator.
46. ……………………… Cases that move the act of the
perpetrator from the illegality context to the legality one.
47. ……………………… is the traditional and most well-
known method to settle the conflicts between states.
48. ……………………… the process by which a third party
brings the parties to dispute together to negotiate.

104. 94
49. ……………………… the process by which a third party
helps the parties to dispute to reach an agreement to end
that dispute.
50. ……………………… the process by which a third party
or an organization collects the facts relates to the conflict
and put in one report. (Goldstone Report for Example ).
51. ……………………… a method where the parties to
dispute can solve their problem by choosing the judges by
themselves.
52. ……………………… is the judicial organ of the United
Nation.
53. ……………………… can be asked by the UN security
council or the General assembly over a certain matter and
it is not binding.
54. ……………………… is an agreement enforced at law.
55. ……………………… is that branch of law which deal
with the description of public administration and its
structure.

105. 95
56. ……………………… is a form of administration in which
the administrative tasks and errands are not separated.
57. ……………………… is a form of administration in which
the administrative tasks and errands are separated.
Question No. ( 2 ):
Complete the following sentences;
1- The main characteristics of law are;
A) ………………………………………
B) ………………………………………
C) ………………………………………
2- Law is usually separated into two big branches;
A) ………………………………………
B) ………………………………………
3- Give two names of laws are related to the Public law;
A) ……………………………………….
B) ……………………………………….

106. 96
4- Give two names of laws are related to the private law;
A) ……………………………………….
B) ……………………………………….
5- The Legal Sources of Palestinians law are;
A) …………………………………………
B) …………………………………………
C) …………………………………………
D) …………………………………………
6- Legal rights can be classified into two various kinds;
A) …………………………………………
B) …………………………………………
7- Persons can be classified in law into two types;
A) …………………………………………
B) …………………………………………
8- Constitutions are classified according to their enacting
into two kinds;
A) …………………………………………
B) …………………………………………

107. 97
9- Constitutions are classified according to their ability to
be amended into two kinds;
A) …………………………………………
B) …………………………………………
10. The main factors of production are;
A) …………………………………………
B) …………………………………………
C) …………………………………………
D) …………………………………………
11. The subjects of Private International Law are;
A) …………………………………………
B) …………………………………………
C) …………………………………………
D) …………………………………………
12. What are the main differences between the Personal
rights and the Real rights;
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………

108. 98
………………………………………………………………………
……………………………………………………………………..
[
13. The Essential elements of crime are;
A) …………………………………………
B) …………………………………………
C) …………………………………………
14. Crimes can be separated according to their degree of
criminality into three types;
A) …………………………………………
B) …………………………………………
C) …………………………………………
15. Crimes can be separated according to their material
element into three types;
A) …………………………………………
B) …………………………………………
C) …………………………………………

109. 99
16. Give two examples for the cases of irresponsibility;
A) …………………………………………
B) …………………………………………
17. Give two examples for the Penal impediments;
A) …………………………………………
B) …………………………………………
18. The two methods of the administrations are;
A) …………………………………………
B) …………………………………………
19. The two types of contracts are;
A) …………………………………………
B) …………………………………………
[
20. The peaceful settlement of international disputes
includes the following diplomatic ways;
A) …………………………………………
B) …………………………………………
C) …………………………………………

110. 100
D) …………………………………………
E) …………………………………………

111. 101
Question No. ( 3 ):
Translate from English to Arabic and vice versa;
The word The equivalent
Binding
Capacity
Civil
Conduct
Burden
Capable
Legislature
Consent
Duress
Fraud
Major

112. 102
Minor
Imperative rule
Facultative rule
Heir
Imprisonment
Payment
Jurisdiction
Promulgation
Tacit
Implicit
Explicit
Territory
Territorial
Local
Verdict

113. 103
Ruling
Appeal
Appellant
Will
Legacy
Inheritance
Constitution
Document
Courts
Written – Enacted
Rigid
Flexible
Amendments
Provision
Article

114. 104
Privileges
Immunities
Prerogatives
Head of the state
Command
Resign
Revoke
Invoke
Resort
Mandate
ExpostFacte
Jurist
Grant
Regulations
Executive

115. 105
Legislative
Judiciary
Organization
Capacity
Security
Universal
Regulatory
Welfare
Objective
Criterion
Suspension
Withdrawal
Collective security
Aggression
Recommendation

116. 106
Trusteeship Council
Expulsion
Impartiality
Neutrality
Nation
Supreme
Citizen
Domicile
Nationality
Residence
Torts
‫لي‬ ‫م‬
‫ي‬ ‫م‬ ‫ت‬ ‫لي‬ ‫م‬
‫هن‬
‫ح‬

117. 107
‫ع‬ ‫ع‬ ‫ح‬
‫ائق‬ ‫أ‬ ‫أهل‬
‫ه‬ ‫ش‬
‫ي‬ ‫خ‬
‫بي‬
‫إث‬ ‫عبء‬
‫ي‬ ‫أ‬ ‫ف‬ ‫يع‬
‫ب‬ ‫لع‬ ‫ن‬ ‫ق‬
‫ي‬ ‫ل‬
‫ام‬
‫ي‬ ‫ج‬
‫ح‬ ‫ج‬
‫ل‬ ‫م‬
‫ن‬ ‫ل‬
‫س‬ ‫لح‬

118. 108
‫م‬ ‫لغ‬
‫إع‬
‫ل‬ ‫ل‬
‫ع‬ ‫ل‬
‫ق‬ ‫ل‬
‫ب‬ ‫ل‬
‫ح‬ ‫إب‬ ‫أس‬
‫لي‬ ‫ل‬ ‫نع‬ ‫م‬
‫نع‬ ‫م‬
‫لع‬
‫ي‬ ‫اح‬ ‫بي‬ ‫ل‬
‫ل‬
‫ل‬
‫ق‬ ‫ل‬ ‫شيك‬ ‫خ‬
‫ك‬ ‫مح‬
‫ح‬

119. 109
‫شغب‬ ‫أع‬
‫ه‬ ‫ف‬
‫ه‬ ‫مع‬
‫قي‬ ‫ت‬
‫ع‬
‫ع‬
‫مي‬
‫ع‬
‫ق‬
‫ض‬
‫خ‬
‫بح‬
‫عيب‬
‫عي‬ ‫م‬
‫يه‬ ‫ع‬ ‫ع‬ ‫م‬

120. 110
‫ي‬ ‫ك‬ ‫ل‬
‫ي‬ ‫ك‬ ‫لام‬
‫ي‬
‫ء‬ ‫ئيس‬
‫س‬ ‫م‬
‫يعي‬ ‫ت‬
‫تي‬ ‫م‬ ‫ح‬
‫سي‬ ‫سي‬
‫فق‬ ‫م‬
‫ع‬ ‫م‬
‫ح‬ ‫ل‬
‫لع‬ ‫أمن‬
‫ل‬ ‫ل‬
‫ئع‬ ‫ب‬
‫م‬ ‫خ‬
‫ب‬

121. 111
‫ع‬
‫ل‬ ‫ع‬
‫ف‬
‫م‬
‫ك‬ ‫ش‬
‫س‬
‫ث‬
‫ص‬
‫ص‬ ‫ت‬
‫ن‬
‫ب‬ ‫خ‬
‫م‬ ‫م‬
‫شع‬
‫ني‬ ‫ن‬ ‫ق‬ ‫غي‬

122. 112
‫ي‬
‫بيع‬
‫مين‬ ‫م‬ ‫ب‬ ‫ع‬

123. Annex: Translation of the Book Topics
‫ملحق‬
:
‫تاب‬ ‫ا‬ ‫موضوعات‬ ‫ترجمة‬

125. 115
‫ا‬‫ل‬‫أو‬
:
‫ن‬‫قانو‬ ‫ا‬ ‫نظرية‬
:
‫في‬ ‫وضح‬ ‫س‬ ‫تاب‬ ‫ا‬ ‫من‬ ‫ء‬
‫جز‬ ‫ا‬ ‫هذا‬ ‫في‬
‫مسائل‬ ‫ا‬ ‫من‬ ً‫ا‬‫ك‬ ‫قاط‬ ‫عدة‬
‫ية‬ ‫تا‬ ‫ا‬
:
1
‫ى‬
‫؟‬‫ن‬‫و‬ ‫قا‬ ‫با‬ ‫مقصود‬ ‫ا‬ ‫ما‬
2
‫ى‬
‫ية؟‬ ‫و‬ ‫قا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫خصائص‬ ‫هي‬ ‫ما‬
3
‫ى‬
‫؟‬‫ن‬‫و‬ ‫لقا‬ ‫ة‬ّ
‫ئيسي‬‫ر‬ ‫ا‬ ‫مصادر‬ ‫ا‬ ‫هي‬ ‫ما‬
4
‫ى‬
‫وفروعه؟‬ ‫ن‬‫و‬ ‫قا‬ ‫ا‬ ‫تقسيمات‬ ‫هي‬ ‫ما‬

‫؟‬‫ن‬‫قانو‬ ‫با‬ ‫مقصود‬ ‫ا‬ ‫هو‬ ‫ما‬
‫سلوك‬ ‫ا‬ ‫وتحكم‬ ‫ظم‬ ‫ت‬ ‫تي‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫من‬ ‫مجموعة‬ ‫هو‬ ‫ن‬‫و‬ ‫قا‬ ‫ا‬
‫م‬ ‫مجتمع‬ ‫في‬ ‫أشخاص‬ ‫ااجتماعي‬
‫هذ‬ ‫ن‬‫و‬ ‫وت‬ ،‫ة‬ ‫معي‬ ‫ية‬ ‫زم‬ ‫ة‬
‫ر‬‫فت‬ ‫خال‬ ،‫ا‬
‫اء‬
‫ز‬‫ج‬ ‫با‬ ‫مقترة‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬
‫ي‬

‫قانونية؟‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫خصائص‬ ‫أهم‬ ‫هي‬ ‫ما‬
‫توصف‬ ‫حتى‬ ،‫وعها‬ ‫عن‬ ‫ظر‬ ‫ا‬ ‫بغض‬ ،‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫من‬ ‫قاعدة‬ ‫أ‬
‫ية‬ ‫تا‬ ‫ا‬ ‫خصائص‬ ‫با‬ ‫تحظى‬ ‫أن‬ ‫من‬ ‫بد‬ ‫ا‬ ،‫ية‬ ‫و‬ ‫قا‬ ‫ها‬ ‫بأ‬
:
‫أ‬
-
‫عامة‬ ‫قاعدة‬ ‫قانونية‬ ‫ا‬ ‫قاعدة‬ ‫ا‬
:
‫على‬ ‫وتطبق‬ ‫اأشخاص‬ ‫جميع‬ ‫تخاطب‬ ‫قاعدة‬ ‫ا‬ ‫أن‬ ‫ي‬ ‫تع‬ ‫وهي‬
‫قاعدة‬ ‫ا‬ ،‫مثال‬ ‫ا‬ ‫سبيل‬ ‫فعلى‬ ‫ومجردة؛‬ ‫عامة‬ ‫فهي‬ ،‫مسائل‬ ‫ا‬‫و‬ ‫قضايا‬ ‫ا‬ ‫جميع‬
‫تقول‬ ‫تي‬ ‫ا‬
"
‫مدة‬ ‫حبس‬ ‫با‬ ‫ويعاقب‬ ‫حة‬ ‫ج‬ ‫ب‬ ‫ت‬‫ر‬‫ا‬ ‫قد‬ ‫يعتبر‬ ‫ق‬‫سر‬ ‫من‬ ‫كل‬
‫تين‬ ‫س‬
"
‫ا‬ ‫فهي‬ ،‫قة‬‫ر‬‫س‬ ‫ا‬ ‫يمة‬‫ر‬‫ج‬ ‫يقترف‬ ‫شخص‬ ‫أ‬ ‫على‬ ‫طبق‬ ‫ت‬ ‫قاعدة‬ ‫هي‬
‫أو‬ ‫فان‬ ‫ق‬‫سار‬ ‫ا‬ ‫تخاطب‬
‫مجتمع‬ ‫ا‬ ‫اد‬
‫ر‬‫أف‬ ‫بين‬ ‫من‬ ‫ة‬ ‫فا‬
‫ي‬

126. 116
‫قاعدة‬ ‫ا‬ ‫ن‬‫و‬ ‫ت‬ ‫أن‬ ‫ة‬
‫ر‬‫ضرو‬ ‫با‬ ‫ي‬ ‫يع‬ ‫ا‬ ‫يدها‬‫ر‬‫وتج‬ ‫قاعدة‬ ‫ا‬ ‫وعمومية‬
‫عامة‬ ‫ن‬‫و‬ ‫ت‬ ‫أن‬ ‫يمكن‬ ‫بل‬ ،‫اأشخاص‬ ‫من‬ ‫عدد‬ ‫مخاطبة‬
‫و‬‫و‬ ‫ومجردة‬
ً‫ا‬‫احد‬‫و‬ ً‫ا‬‫شخص‬ ‫خاطبت‬
‫ي‬
‫تقول‬ ‫تي‬ ‫ا‬ ‫قاعدة‬ ‫ا‬ ً‫ا‬‫فمث‬
"
‫اأعمال‬ ‫يمارس‬ ‫أا‬ ‫قاضي‬ ‫ا‬ ‫على‬
‫مصلحته‬ ‫ية‬‫ر‬‫تجا‬ ‫ا‬
"
،‫قاضي‬ ‫ا‬ ‫صب‬ ‫م‬ ‫سيشغل‬ ‫من‬ ‫كل‬ ‫تخاطب‬ ‫قاعدة‬ ‫هي‬
‫ن‬‫سيكو‬ ‫من‬ ‫كل‬ ‫ما‬ ‫ا‬‫و‬ ،‫محمود‬ ‫ن‬‫دو‬ ‫سامي‬ ‫قاضي‬ ‫ا‬ ‫تخاطب‬ ‫ا‬ ‫ا‬ ‫ه‬ ‫قاعدة‬ ‫فا‬
‫تخاطب‬ ‫ية‬ ‫و‬ ‫قا‬ ‫ا‬ ‫قاعدة‬ ‫ا‬ ‫أن‬ ‫ي‬ ‫يع‬ ‫عمومية‬ ‫فا‬ ،‫قاضي‬ ‫ا‬ ‫صب‬ ‫م‬ ‫في‬
‫ب‬ ‫يس‬‫و‬ ‫بصفاتهم‬ ‫اأشخاص‬
‫أسمائهم‬
‫ي‬
‫ب‬
-
‫اجتماعي‬ ‫سلوك‬ ‫قاعدة‬ ‫قانونية‬ ‫ا‬ ‫قاعدة‬ ‫ا‬
:
‫عن‬ ‫يصدر‬ ‫بما‬ ‫إا‬ ‫ها‬ ‫عاقة‬ ‫ا‬ ‫ية‬ ‫و‬ ‫قا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫أن‬ ‫ك‬ ‫ذ‬ ‫ى‬ ‫ومع‬
‫اياهم‬‫و‬ ‫أو‬ ‫بمعتقداتهم‬ ‫ها‬ ‫عاقة‬ ‫ا‬
‫و‬ ،‫ملموس‬ ‫جي‬
‫خار‬ ‫سلوك‬ ‫من‬ ‫اأشخاص‬
‫بسلوك‬ ‫اقع‬‫و‬ ‫ا‬ ‫أرض‬ ‫على‬ ‫تترجم‬ ‫م‬ ‫ما‬ ‫داخلية‬ ‫ا‬
‫ي‬
‫تفك‬ ‫مجرد‬ ‫شخص‬ ‫ا‬ ‫يطال‬ ‫ا‬ ‫ن‬‫و‬ ‫قا‬ ‫فا‬
‫ه‬ ‫يطا‬ ‫ما‬ ‫ا‬‫و‬ ،‫آخر‬ ‫بقتل‬ ‫ير‬
‫أو‬ ‫ار‬ ‫ا‬ ‫بإطاق‬ ً‫ا‬‫مث‬ ‫فقام‬ ‫اقع‬‫و‬ ‫ا‬ ‫أرض‬ ‫على‬ ‫ية‬ ‫ا‬ ‫تلك‬ ‫ترجم‬ ‫حال‬ ‫في‬ ‫فقط‬
‫ساح‬ ‫ا‬ ‫اشتر‬
(
‫تحضير‬ ‫كعمل‬
–
‫شخصي‬ ‫ا‬ ‫لمذهب‬ ً‫ا‬‫وفق‬
‫ى‬
‫أمور‬ ‫وهي‬
‫ه‬ ‫شاء‬ ‫إن‬ ‫قادمة‬ ‫ات‬‫و‬ ‫س‬ ‫في‬ ‫ب‬ ‫طا‬ ‫ا‬ ‫ها‬‫او‬ ‫يت‬
‫)ي‬
‫ج‬
-
‫اء‬
‫ز‬‫ج‬ ‫با‬ ‫مقترنة‬ ‫قانونية‬ ‫ا‬ ‫قاعدة‬ ‫ا‬
:
‫ملت‬ ‫اأشخاص‬ ‫جميع‬
‫عدم‬ ‫فإن‬ ‫ا‬‫ا‬‫و‬ ،‫ن‬‫و‬ ‫قا‬ ‫ا‬ ‫ام‬
‫ر‬‫باحت‬ ‫اعية‬‫و‬‫ط‬ ‫ن‬‫زمو‬
‫أو‬ ً‫ا‬‫ي‬ ‫مد‬ ‫أو‬ ،ً‫ا‬‫ائي‬ ‫ج‬ ‫ن‬‫يكو‬ ‫قد‬ ‫ذ‬ ‫ا‬‫و‬ ،‫اء‬
‫ز‬‫ج‬ ‫ا‬ ‫عليه‬ ‫تب‬‫ر‬‫سيت‬ ‫ه‬ ‫امهم‬
‫ر‬‫احت‬
ً‫ا‬‫ي‬‫ر‬‫إدا‬
‫ي‬

127. 117

‫؟‬‫ن‬‫قانو‬ ‫ا‬ ‫مصادر‬ ‫هي‬ ‫ما‬
‫في‬ ‫تختلف‬ ،‫مصادر‬ ‫عدة‬ ‫من‬ ‫ية‬ ‫و‬ ‫قا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫ستقي‬ ‫أن‬ ‫يمكن‬
‫وهي‬ ،‫اإثبات‬ ‫في‬ ‫قيمتها‬
:
-
‫يع‬‫ر‬‫تش‬ ‫ا‬
‫ي‬
-
‫اف‬
‫ر‬‫اأع‬
‫ي‬
-
‫قضائية‬ ‫ا‬ ‫ابق‬‫و‬‫س‬ ‫ا‬
‫ي‬
-
‫فقه‬ ‫ا‬
‫ي‬
-
‫صاف‬ ‫اإ‬‫و‬ ‫ة‬ ‫عدا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬
‫ي‬
‫أ‬
)
‫تشريع‬ ‫ا‬
:
‫اسم‬ ً‫ا‬‫أيض‬ ‫عليه‬ ‫ويطلق‬
"
‫برمان‬ ‫ا‬ ‫أعمال‬
"
‫فلسطين‬ ‫في‬ ‫برمان‬ ‫ا‬‫و‬ ،
‫يسمى‬
(
‫ي‬ ‫فلسطي‬ ‫ا‬ ‫يعي‬‫ر‬‫تش‬ ‫ا‬ ‫مجلس‬ ‫ا‬
PLC
"
‫بشكل‬ ‫ة‬‫مخو‬ ‫ا‬ ‫جهة‬ ‫ا‬ ‫وهو‬ ،
‫فلسطين‬ ‫في‬ ‫يعات‬‫ر‬‫تش‬ ‫ا‬ ‫بسن‬ ‫أساسي‬
‫ي‬
‫تشريع‬ ‫ا‬‫و‬
:
‫ية‬ ‫و‬ ‫قا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫سن‬ ‫بوساطتها‬ ‫يتم‬ ‫عملية‬ ‫هي‬
‫بوساطة‬
‫عي‬
‫فر‬ ‫أو‬ ‫ئيسي‬‫ر‬ ‫ع‬
‫مشر‬
(
ً‫ا‬‫احق‬ ‫وضح‬ ‫س‬ ‫كما‬
‫)ي‬
‫تشريعية‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫اع‬‫و‬‫أن‬
:
ً
‫ة‬
‫ر‬‫آم‬ ‫ن‬‫و‬ ‫ت‬ ‫أن‬ ‫ا‬ّ
‫إم‬ ‫ن‬‫و‬ ‫قا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬
:
‫يجوز‬ ‫ا‬ ‫تي‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫تلك‬ ‫وهي‬
‫مكملة‬ ‫اعد‬‫و‬‫ق‬ ‫ن‬‫و‬ ‫ت‬ ‫أن‬ ‫أو‬ ،‫فتها‬ ‫مخا‬ ‫على‬ ‫ااتفاق‬ ‫اد‬
‫ر‬‫أف‬
:
‫يمكن‬ ‫تي‬ ‫ا‬‫و‬
‫فها‬ ‫يخا‬ ‫ما‬ ‫على‬ ‫ااتفاق‬ ‫اد‬
‫ر‬‫أف‬
‫ي‬
‫ب‬
)
‫عادات‬ ‫ا‬‫و‬ ‫اف‬
‫ر‬‫اأع‬
:

128. 118

‫اف‬
‫ر‬‫اأع‬
:
،‫اميته‬
‫ز‬ ‫بإ‬ ‫ااعتقاد‬ ‫مع‬ ،‫معين‬ ‫سلوك‬ ‫على‬ ‫اس‬ ‫ا‬ ‫اعتياد‬ ‫هو‬ ‫عرف‬ ‫ا‬‫و‬
‫طويلة‬ ‫ية‬ ‫زم‬ ‫ة‬
‫ر‬‫فت‬‫و‬
‫ي‬
‫هما‬ ،‫أساسيان‬ ‫ان‬ ‫رك‬ ‫لعرف‬ ّ
‫أن‬ ‫قول‬ ‫ا‬ ‫فإ‬ ‫ك‬ ‫ذ‬
:
‫و‬ ‫مع‬ ‫ا‬ ‫ركن‬ ‫ا‬‫و‬ ، ‫ماد‬ ‫ا‬ ‫ركن‬ ‫ا‬
‫ي‬
‫ك‬ ‫ذ‬ ‫فإن‬ ،‫ة‬
‫ر‬‫آم‬ ‫يعية‬‫ر‬‫تش‬ ‫ية‬ ‫و‬ ‫قا‬ ‫قاعدة‬ ‫مع‬ ‫عرف‬ ‫ا‬ ‫تضارب‬ ‫و‬ ‫فيما‬
‫ما‬ ‫بي‬ ،‫تطبيقه‬ ‫يستبعد‬ ‫عرف‬ ‫ا‬
‫ين‬ ‫ا‬‫و‬‫ق‬ ‫ا‬ ‫بعض‬ ‫في‬ ‫ك‬ ‫ذ‬ ‫خاف‬ ‫على‬ ‫اأمر‬
‫ية‬ ‫و‬ ‫قا‬ ‫ا‬ ‫اعد‬‫و‬‫ق‬ ‫ا‬ ‫على‬ ‫تقدمها‬ ‫قاعدة‬ ‫ا‬ ‫تلك‬ ‫ن‬‫يكو‬ ‫إذ‬ ،ً‫ا‬‫مث‬ ‫تجار‬ ‫ا‬ ‫ن‬‫و‬ ‫قا‬ ‫كا‬
‫ي‬
‫عرف‬ ‫ا‬ ‫اع‬‫و‬‫أن‬
:
‫عدة‬ ‫ى‬ ‫إ‬ ‫ظر‬ ‫با‬ ‫ك‬ ‫وذ‬ ‫اع‬‫و‬ ‫أ‬ ‫عدة‬ ‫ى‬ ‫إ‬ ‫اف‬
‫ر‬‫اأع‬ ‫تقسيم‬ ‫يمكن‬
ً‫ا‬‫ووفق‬ ،‫ة‬ّ
‫محلي‬ ‫أخر‬‫و‬ ‫ة‬ّ
‫ي‬‫دو‬ ‫اف‬
‫ر‬‫أع‬ ‫ى‬ ‫إ‬ ‫تقسم‬ ‫طاقها‬ ً‫ا‬‫فوفق‬ ،‫معايير‬
‫عموميت‬
‫حو‬ ‫ا‬ ‫على‬ ‫ها‬ ‫وبيا‬ ‫عامة؛‬ ‫اف‬
‫ر‬‫أع‬‫و‬ ‫خاصة‬ ‫اف‬
‫ر‬‫أع‬ ‫ى‬ ‫إ‬ ‫تقسم‬ ‫ها‬
‫اآتي‬
:
1
)
‫عام‬ ‫ا‬ ‫عرف‬ ‫ا‬
:
‫على‬ ‫بق‬ُ
‫ط‬‫و‬ ،‫ما‬ ‫مجتمع‬ ‫في‬ ‫يسود‬ ‫كان‬ ‫متى‬ ً‫ا‬‫عام‬ ‫عرف‬ ‫ا‬ ‫عن‬ ‫ويقال‬
‫معامات‬ ‫من‬ ‫فيه‬ ‫يجر‬ ‫وما‬ ‫أشخاص‬ ‫من‬ ‫فيه‬ ‫من‬ ‫جميع‬
‫ي‬
2
)
‫خاص‬ ‫ا‬ ‫عرف‬ ‫ا‬
:
‫بق‬ُ
‫ط‬‫و‬ ،‫ما‬ ‫مجتمع‬ ‫في‬ ‫يسود‬ ‫كان‬ ‫متى‬ ً‫ا‬‫خاص‬ ‫عرف‬ ‫ا‬ ‫عن‬ ‫ويقال‬
‫على‬
‫ة‬ ‫معي‬ ‫معامات‬ ‫أو‬ ‫اأشخاص‬ ‫من‬ ‫ها‬ ‫بعي‬ ‫فئة‬
‫ي‬