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Jordan Journal of Islamic Studies

Jordan Journal of Islamic Studies

Abstract

The study aimed to examine a way of unusual appeal to the provisions (objection of others), allowed by law to each person who was not represented in the lawsuit, and the ruling was affecting his rights, the study showed in the first section the meaning of the objection of others and the conditions, types, and how the procedures applied in its original type The emergency, with the application of models of the reality of the Sharia courts, and decisions of the courts of Sharia appeal. It also showed in the second section the impact of the submission of the objection and acceptance and duration, and when it becomes categorical, and the procedures of the objection and objections to the response to the objection of others of various kinds.

The study resulted in several conclusions, the most important of which are the following: First: The objection of third parties is one of the unusual methods of appeal of the provisions that the law allows for any person who was not a competitor, representative or interlocutor in the case. Second: It is noted that the objection of others directed from a person outside the dispute to the ruling issued in order to prevent the damage that can be caught, it is an appeal from a third person objecting to the decision to withdraw from the ruling and modify it. The judgment issued in the objection of a third party shall not invalidate the contested judgment except for the party concerned with the victim, Unless the provision of the said provision is indivisible, then the judgment shall be invalidated in its entirety..

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