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Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Abstract

This research dealt with the precautionary measures that the execution judge resorts to in the Jordanian Sharia courts, with what is entrusted to him from the discretionary authority in the cases that fall within his competence, where the researcher proceeded to define the term precautionary measures in jurisprudence and law, and between its rooting and its validity in Islamic Sharia and positive law, then between the concept of discretionary authority, idiomatically and legally, then between the discretionary authority entrusted to the execution judge in jurisprudence and law, and then between the applied aspect in the precautionary measures entrusted to the execution judge in jurisprudence and law. The study concluded with a statement of the discretionary authority and precautionary measures entrusted to the execution judge in the Jordanian Sharia courts represented by their applications.

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