Legal defenses concerning eligibility and their implementation in the Jordanian sharia courts

This research addresses a topic related to legal capacity, specifically focusing on the imbalance caused by any temporary or permanent symptom that affects a person's legal actions and the rights and obligations imposed upon them.The study examines these issues within the framework of the Jordanian Sharia judiciary.The research explains the concept of capacity, its types, the symptoms affecting it, as well as the formal and substantive defenses related to eligibility in the Jordanian Sharia judiciary.The study employs inductive, analytical, and descriptive approaches to present its findings.At the conclusion of the research, several key findings were reached, the most important of which are: among the symptoms affecting capacity are divine (heavenly) symptoms, such as insanity, dementia, illness, and death, as well as acquired symptoms, such as foolishness, negligence, and coercion.These symptoms directly affect the will, thereby impacting the validity of legal and legitimate acts performed by the individual, as well as the rights and obligations incumbent upon them.The study emphasizes the importance of enhancing legal awareness among practitioners and stakeholders in the legal field regarding the implications of defenses related to symptoms of eligibility in the Jordanian Sharia judiciary, particularly in matters concerning personal status transactions.