Author(s): Khalid Abdulrahman Alhrerat*, Derar Al-Daboubi, Saleh Ahmed Hejazi
The study addresses the jurisprudential debate concerning criminalizing a dishonored cheque under Jordanian law. This discussion is based on two contradicting views. The first has justified the criminalization of the dishonored cheque, and the second has denied the criminalization of such a cheque. The authors analyzed the developed approach of Jordanian legislation and also pointed out recommendations of the Royal Committee for the Development of the Judiciary and Strengthening the Rule of Law (RCDJSRL) in 2107, also the Defence Order No.28 of (2021). The study concluded that decriminalizing the dishonored cheque is consistent with its main function as an instrument of payment; hence, the authors suggested that the provisions of the Jordanian law must decriminalize the dishonored cheque. Decriminalization should parallelly be performed with the imposition of some civil and administrative measures to protect the rights of other parties to this cheque.