Methods of implementing civil judicial decisions, a study about Jordanian law and Islamic Sharia

Dr Mashal Mufleh Al-Jarrah,

doi:10.17762/pae.v58i1.1511

Abstract

Judicial decisions in the law and Sharia are implemented by following two methods, either voluntarily by the free will of the convicted person, or driven by fear of compulsory execution, and it is the second method carried out by the judiciary, by forcing the convicted person to implement the required consequent commitments and cries. The problem of this study lies In the adequacy of the legal texts and Islamic Sharia in finding solutions to implement judicial rulings and decisions, researchers will follow the descriptive and analytical approach, and the comparative approach whenever possible, and the researchers have reached set of results and recommendations, the most important of which was: The forced execution shall be upon legal litigation instated Through the enforcement departments of the judicial authority after exhausting the optional implementation method. As for the most important recommendations, it should be taken into account in the Islamic jurisprudence that the insolvent debtor is considered a debtor who is unable to fulfill his obligations, and not merely the claim of the person convicted of insolvency.

Highlights

The problem of this study lies In the adequacy of the legal texts and Islamic Sharia in finding solutions to implement judicial rulings and decisions, researchers will follow the descriptive and analytical approach, and the comparative approach whenever possible, and the researchers have reached set of results and recommendations, the most important of which was: The forced execution shall be upon legal litigation instated Through the enforcement departments of the judicial authority after exhausting the optional implementation method
First: The importance of the study: Judicial decisions represent the plea in bar protection of titles, and that is implemented by issuing rulings by the judiciary to recognize them and taking them into account, but we should note that this protection is minor and inadequate, and it must be supplemented and completed by using operational protection of title and implementing these judgments at the competent enforcement departments and that is through the compulsory enforcement of judgments; In the event that these judgments are not implemented by the voluntary convict by choice, the unenforceable title becomes useless
Third: The questions of the study: As a response to the main question, which is: what are the methods of implementing civil judicial rulings in Jordanian law and Islamic Sharia? Several questions arise, including: 1- What are civil judicial rulings and what are the conditions for their implementation? 2- What are the types of enforceable civil judicial rulings? 3- What are the conditions that must be met by a civil court ruling in order for it to be considered enforceable?

Summary

Introduction

First: The importance of the study: Judicial decisions represent the plea in bar protection of titles, and that is implemented by issuing rulings by the judiciary to recognize them and taking them into account, but we should note that this protection is minor and inadequate, and it must be supplemented and completed by using operational protection of title and implementing these judgments at the competent enforcement departments and that is through the compulsory enforcement of judgments; In the event that these judgments are not implemented by the voluntary convict by choice, the unenforceable title becomes useless.

Results

Conclusion