صحة الدعوى وعناصرها في المحاكم الشرعية الأردنية: دراسة فقهية قانونية د. رشا محمد خليف المرافي د. عمار عاطف ربيع الضلاعين

Abstract alidity of the Lawsuit and Its Elements in the Jordanian Sharia Courts: A Jurisprudential and Legal Study This study aims to clarify the concept of the validity of a lawsuit in the Jordanian Sharia courts, identify the conditions necessary for its admissibility, and analyze its essential elements in light of the provisions of Sharia procedural law. This is achieved through a jurisprudential foundation supported by a legal analysis of the texts governing litigation procedures. The importance of the study stems from the existence of ambiguity among some litigants and researchers regarding the formal and substantive conditions required for the validity of a lawsuit, and the legal consequences that may result from non-compliance, which may lead to the dismissal of the case either procedurally or substantively. The study adopts a descriptive-analytical approach by examining the relevant legal texts and analyzing them in light of Islamic jurisprudence, in order to clarify the legal and jurisprudential basis of the conditions and elements of a valid lawsuit in the Jordanian Sharia judiciary. The study reaches several findings, most notably that the validity of a lawsuit requires the fulfillment of a set of conditions, foremost among them judicial jurisdiction, legal standing, interest, and legal capacity, in addition to the legitimacy and definiteness of the subject matter of the claim and its compliance with public order and the provisions of Islamic Sharia. The study also demonstrates that the elements of a lawsuit are based on three main pillars: the parties to the case, its subject matter, and its cause. Any defect in these pillars or conditions leads to the dismissal of the case in accordance with the provisions of Sharia procedural law. In light of these findings, the study recommends enhancing legal awareness among litigants regarding the importance of fulfilling the conditions for the validity of a lawsuit prior to filing it, and emphasizes the need to prepare precise statements of claim that clearly set out the parties, facts, claims, and legal basis. This would help avoid dismissal due to formal or substantive defects and improve the efficiency of litigation before Sharia courts. Keywords: Validity of the lawsuit, Jordanian Sharia courts, conditions for admissibility of the claim, elements of the lawsuit, judicial jurisdiction, Sharia procedural law.

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