The Damage Caused by the Procedural Defect of Upholding Invalidity in the Jordanian Shariah Courts

Authors

منال الرشيدي, طالبة دكتوراه/ جامعة العلوم الإسلامية العالميةFollow

Abstract

The damage was verified by the procedural defect in order to uphold invalidity in the Jordanian Sharia courts

Damage is the effect resulting from the existence of a defect or violation in the procedural work, and the affected party has the right to uphold it, and it is one of the most important legal problems that legal legislators must address when drafting laws. As a result of a defect in one of the procedures, and who is the owner of the right to uphold it, it also aims to identify the articles that dealt with realizing damage as the purpose of upholding invalidity in the Jordanian Sharia Procedure Code and indicating the deficiencies therein.

The researcher followed the inductive and analytical approach, by reading the texts of the articles of the Jordanian Shari'a Procedure Code, analyzing them, and indicating their deficiencies. The researcher recommends that the Jordanian legislator should reformulate the legal texts related to invalidity in the Sharia Procedure Code, which regulates the work of the court with regard to the issue of procedural invalidity as a result of a defect that caused harm to one of the litigants.

Recommended Citation

الرشيدي, منال (2023) "The Damage Caused by the Procedural Defect of Upholding Invalidity in the Jordanian Shariah Courts," Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات: Vol. 24: Iss. 1, Article 11.
Available at: https://digitalcommons.aaru.edu.jo/jpu/vol24/iss1/11