Methods of implementing civil judicial decisions, a study about Jordanian law and Islamic Sharia

Abstract

Judicial decisions in the law and Sharia are implemented by following two methods, either voluntarily by the free will of the convicted person, or driven by fear of compulsory execution, and it is the second method carried out by the judiciary, by forcing the convicted person to implement the required consequent commitments and cries. The problem of this study lies In the adequacy of the legal texts and Islamic Sharia in finding solutions to implement judicial rulings and decisions, researchers will follow the descriptive and analytical approach, and the comparative approach whenever possible, and the researchers have reached set of results and recommendations, the most important of which was: The forced execution shall be upon legal litigation instated Through the enforcement departments of the judicial authority after exhausting the optional implementation method. As for the most important recommendations, it should be taken into account in the Islamic jurisprudence that the insolvent debtor is considered a debtor who is unable to fulfill his obligations, and not merely the claim of the person convicted of insolvency.