Appeal cassation before the Sharia Supreme Court - A Legal Juristic Study -

Abstract

This study examines the concept and legality of appeals against judicial rulings before the Supreme Sharia Court which is considered the highest judicial body in the Jordanian Sharia judiciary system and is specialized in examining the final appeals rulings in terms of the validity of the legal application only and not the matters of the verdict or re-examination of the case. The research confirmed that appealing or the cassation request before this court is an unusual way to appeal judicial rulings, and it is not accepted unless it is based on one or more of the legal reasons specified in the law of the legal rulings and the pleading of the legal rulings. In which a case it appears that the subject of the appeal is in contravention of the applicable legal rules. One of the most important findings of this study is that the establishment of this court was necessary to consolidate the principle of litigation on two levels, This is by giving the litigants the opportunity to have their cases examined in two degrees of litigation before the trial courts of first instance and then appeals and then the existence of a supreme court represented by the Sharia Supreme Court that controls and unify contradictory interpretations, and to ensure the stability and fairness of judicial rulings.