Appealing The Judgments and Timely Decisions Issued by The Jordanian Sharia Courts and its Impacts

Abstract

This study shows the timely Judgments and decisions issued by the Jordanian Sharia courts, how to appeal them, and its effects, by explaining that these timely judgments and decisions are part of the urgent judiciary, and its goal is to provide temporary protection until the substantive decision of the original lawsuit is completed. This study is concerned with explaining the differences between timely Judgments and urgent judiciary by explaining the conditions for Timely judiciary and its justifications, and how the legislator pays attention to these timely Judgments and decisions.

The study relied on the inductive approach and the analytical approach by referring to the laws regulating the work of the Jordanian Sharia courts, such as the Sharia Procedure Code and the Sharia Enforcement Law, and also benefiting from the jurisprudence of the Appeal Court.

This study reached a number of results, the most important of which are: Timely judgments and decisions can be appealed through a grievance to the court that issued the judgment or decision, and through an appeal to the Sharia Court of Appeal. It may not be appealed through the Supreme Sharia Court.

This study recommends the necessity of providing the timely judiciary with special texts to facilitate reference to it. Allocating specialized judges to rule on temporary Issues within the courts of first instance to reduce the burden on these courts.