[1703] For example, the term "khususi" meaning "personal".
[1704] See Ahmad Moussalli, The Islamic Quest for Democracy, Pluralism, and Human Rights, 129 (University Press of Florida 2001). Thus the state, which is responsible for securing people's rights, must work within a just context. For instance, the right to privacy - the prohibition of espionage or intruding in the private life of people - cannot be secured without such a context. Islamic jurists' views on this point can be summarized by saying that the privacy of the people could not legitimately be invaded if there was no apparent misconduct or violation of the law. The sanctity of privacy was earlier postulated by the Prophet [Mohammed] himself and can also be found in the Qur'an; the Prophet prohibited entering any residence without the owner's permission. Hanbali, Hanafi, Shafi'i, and some Maliki [jurists have agreed that a person can defend his privacy and even hurt the offender without incurring punishment [footnotes omitted]. (Note of the Editor: Hanbali, Hanafi, Shafi'i, and Maliki are four of the five religious authorities of the Sunni school, whichis one of the most important sects of Islam.)
[1705] Fadwa El Guindi, Veil, Modesty, Privacy and Resistance, 81-82 (Berg 1999).
[1706] Constitution of the Hashemite Kingdom of Jordan, Adopted 1 January 1952 http://www.parliament.gov.jo/english/legislative/constit.htm.
[1707] CIA World Factbook 2002 http://www.cia.gov/cia/publications/factbook/geos/jo.html.
[1708] Umar Moghul, Approximating Certainty in Ratiocination: How to Ascertain the 'Illah (Effective Cause) in the Islamic Legal System 4 J. Islamic Law 125, 135 (1999). Unlike English common law, which is secular, Islamic law is based on divine sources: the Qu'ran and the Sunnah. 'Illah is the reason for which a particular law is believed to have been established by God. The 'illah of asking permission before entering a private home is given in the text itself when the Prophet says that "permission is required because of viewing." Regardless of the potential awkwardness of adapting ancient text to the modern concept, it could be said that the 'illah therefore protects the privacy of the home.
[1709] United States State Department Country Report, on Human Rights Practices in Jordan, 2002 http://www.state.gov/www/global/human_rights/hrp_reports_mainhp.html.
[1710] Id.
[1711] HRW World Report 2002: Middle East and North Africa Overview, 2002 http://www.hrw.org/wr2k2/mena.html.
[1712] Rana Husseini, "New National ID to Include vVter Information," Jordan Times, August 29, 2001.
[1713] News Release, "Cardlogix, NatHealth, IdealSoft, and Innovonics provide smart card medical records to country of Jordan," Cardlogix, April 9, 2000.
[1714] State Department 2002, supra.
[1715] Akhal Al Ahmad, The Virtual Law Firm: Privacy Issue World Wide Activities Middle East - Jordan http://vlf.juridicum.su.se/master99/staff/akhal/privacy.html.
[1716] Obeidat Mohammad, "Consumer Protection and Electronic Commerce in Jordan - An Exploratory Study," The Public Voice in Emerging Market Economies Conference, 2001.
[1717] US-Jordanian Joint Statement on Electronic Commerce http://www.jordanusfta.com/documents/joint_statement_on_e-commerce.pdf.
[1718] Owen Clegg, "Malaysia Is Example to Follow," Jordan Times, April 23, 2001.
[1719] REACH is an acronym standing for: (R)egulatory Framework; (E)nabling Environment and Infrastructure; (A)dvancement of National IT Programs; (C)apital and Finance; (H)uman Resource Development.
[1720] Ghassan Joha, "Reach 2.0: Initiative to Develop IT Sector," Arabia.com, July 16, 2000 http://www.arabia.com/jordan/business/article/english/0,5127,3769,00.html.
[1721] Wassel Al Mashagbeh & Brendan Gannon, "Expanding the Usage of the Internet and Bridging the Digital Divide," Jordan Times, June 1, 2001 http://www.jordanembassyus.org/0612001004.htm.
[1722] Electronic Transactions Law No. (85) of 2001, § 37 (December 31, 2001) http://www.reach.jo/documents/New_Laws/R3/Electronic_Transactions_Law.pdf.
[1723] Id. § 38.
[1724]Instructions for Regulating the Work of the Internet Centers and Cafés and the Bases for their Licensing for the Year 2001, § 4 (December 2001) http://www.reach.jo/documents/New_Laws/R3/Internet_Cafes_Regulations.pdf [Internet Café Regulations].
[1725] Id. § 17.
[1726] Id. § 6(1)-(2).
[1727] Id. §6(4).
[1728] Id. § 13.
[1729] Id. § 12.
[1730] Id. § 6(3).
[1731] Id. § 11(2).
[1732] "Gov't nixes new Net cafe regulations," Jordan Times, January 29, 2001; Maia Malas, "Jordan Joins Debate over Internet Access Controls," Jordan Times, December 1, 2001.
[1733] Telecommunications Law of 1995, § 56 (amended February 17, 2002) http://www.reach.jo/documents/New_Laws/R3/Telecom_Law.pdf.
[1734] Id. § 77.
[1735] Id. § 71.
[1736] Id. § 76.