ال Substantive Defenses in paternity Proof Cases in Islamic Jurisprudence and the Jordanian personal Status Law No.(15) of 2019

Abstract

Abstract

The study addressed the types of substantive defenses in paternity establishment lawsuits in Islamic jurisprudence and the Jordanian Personal Status Law No. 15 of 2019.

In this research, we adopted a descriptive and analytical methodology by examining issues and details related to the concept of paternity from its primary sources, tracking substantive defenses raised in paternity establishment lawsuits in Islamic jurisprudence and the Jordanian Personal Status Law No. 15 of 2019, and analyzing the legal texts relevant to the study’s topic.

The study concluded that judgments issued regarding substantive defenses are decisive rulings that terminate the dispute. Such rulings become final and binding once litigants exhaust all opportunities to appeal and challenge their validity, as they carry the authority of res judicata. The researchers recommended the establishment of dedicated primary Sharia courts to handle paternity cases exclusively, given the importance and sensitivity of the topic, to preserve individuals’ privacy and allow judges to focus solely on these cases. This would ensure sufficient time and effort are allocated to such cases, aligning with the legislator’s aim of ensuring lineage attribution to rightful families.

Keywords: Lawsuit, Establishment, Paternity, Defense.