Guarantees for the Protection of the Estate and Obligations for its Management: An Inductive Analytical Study

Abstract

The study aims to clarify the reasons and procedures for administering estates (inheritance), as well as to identify the judicial guarantees established to protect Heirs and their rights. It also sought to examine how judicial protection of the Heirs

is manifested in Jordanian legislation.

It also seeks to shed light on the role of the Sharia judiciary in protecting the estate by highlighting the elements of this protection and illustrating its various forms.

The research shows that the role of the Sharia Primary Court in overseeing and administering estates is a central one, and this role complements the functions of the Court of Appeal, the Supreme Sharia Court, and the Sharia Public Prosecution.

The study concludes that the Jordanian judicial system provides special guarantees for the protection of the estate, which are judicial in nature and consist of the supervision of the Sharia courts. The Sharia Public Prosecution may also intervene in specific cases to ensure that the estate is distributed fairly in accordance with Sharia and legal provisions. Such intervention may be either mandatory or discretionary, and judicial precedent has granted the prosecution the right to appeal judgments, even though its involvement in estate cases is of an auxiliary nature. Moreover, failure of the Public Prosecution to intervene in cases where its intervention is mandatory renders the judgment invalid.

The study followed the inductive method by tracing the texts in order to identify the safeguards that protect the estate. It also adopted the analytical method to analyze these texts after tracing and extracting them, followed by a conclusion and the most significant findings.