السلام عليكم Family reform procedures in Sharia courts inside Palestine - a comparative study of what should be done in Jordanian Sharia courts

Abstract

The study aimed to clarify the concept of family reform, and the difference in the procedures in force in the Jordanian Sharia courts and the Sharia courts inside Palestine, where family reform procedures work inside Palestine in accordance with man-made laws and regulations, unlike the laws in force in the Jordanian Sharia courts, which are more developed and in line with the Qur'an and the Sunnah of the Prophet and the developments of the current era. The researchers used descriptive and comparative approaches to answer the study questions.

The study concluded several results, the most important of which were: that entrusting the task of reform to the assistance units in the Sharia courts in the Palestinian interior, to social workers, does not contribute to reaching the desired result of the settlement procedures, due to their lack of experience and ability to reform, and that the Jordanian legislator's failure to specify the types of cases transferable to family reform offices gives the judge wide discretion in determining the type of cases referred to family reform and cases that do not accept reform. The study also recommended not to be satisfied with the social worker and psychologist in the procedures for settling the dispute and reform with regard to marital disputes, and to transfer supervision of the "assistance units" from the Ministry of Social Welfare to the Ministry of Justice, and that the assistance unit attached in each court be subject to the authority of the judge of that court.

Keywords: family reform, settlement procedures, religious courts, legal controls.