Abstract

Background & Statement of the problem: Background and statement of the problem: it must be noted that due to the presence of multiple null rulings before the Jordanian Sharia courts, there is no explicit legal text regulating the nature of the flaw which causes procedural nullity, As a result, the researcher seeks to unflod the flaw presented in the article of the law, so that the Jordanian legislators may take them into account and amend the legal gaps thereof. Objectives:This research aims to explain the concept of procedural action and identify its legal requirements necessary for existence and validity, so as to clearly identify the flaws that may affect procedural acts before the Jordanian Sharia courts. Such flaws may lead to a serious inspection of procedural judicial work for its existence. It may have no effect at all if it is ruled invalid or may not produce the required legal effects. Methods: By extrapolating the texts of the law, we concluded that the Jordanian legislator has granted the Sharia judge wide discretion due to his failure to explicitly stipulate the types of procedural defects that lead to a ruling of invalidity, and this causes the loss of the rights of the litigants. Results: We concluded that the Jordanian legislator has granted the legal judge broad discretion because it does not explicitly provide for the types of procedural defects that lead to a ruling of invalidity and lead to loss of rights, especially litigants. Conclusions (Recommendations and contributions): The researcher recommends that The Jordanian legislator amend the Code of Legal Procedure in accordance with the problems faced by the judiciary because there is no explicit text on matters related to procedural invalidity.