2.1 Courts shall apply to cases filed therewith the provisions of Sharia as stipulated in the Quran and Sunna, and State laws not conflicting with the Quran and Sunna, and shall adhere in their proceedings to the provisions of this Law.
2.2 Powers of the enforcement judge shall include the review of enforcement documents relating to private financial rights in criminal cases.
3.1 Any dispute relating to the verification of the validity of an enforcement document shall fall within the powers of the enforcement judge, including a claim of forgery of a document or its invalidity due to defect of consent, or a claim that the person subject to enforcement is not a party to the enforcement document, or denial of signing such document, and the like.
3.2 Any dispute relating to or arising from compulsory enforcement shall fall within the powers of the enforcement judge, including disputes relating to receiver's fees or his replacement, disputes relating to the validity of the garnishee’s acknowledgment of the property entrusted therewith, a claim for reimbursement of unlawfully collected proceeds, a claim that the value of the attached property exceeds the claimed debt, a claim for compensation for unlawfully claimed attachment, a claim of collusion during auction, a claim of influencing the sale price, disputes relating to distribution of enforcement proceeds among claimant creditors, a claim that the securities were sold by unauthorized persons, or a claim by a person not party to the litigation that he owns the property subject to enforcement or has the right to possession thereof.
3.3 If the party subject to enforcement asserts his claim of payment, release, conciliation, setoff, transfer, deferral, or the like after the issuance of the enforcement document, determination of the validity of such claims shall fall within the powers of the enforcement judge.
3.4 If the person subject to enforcement in lease contracts asserts extension of the contract, renewal thereof, or the like, which is not provided for in the contract and is negated by the party seeking enforcement, the matter shall fall within the powers of the enforcement judge.
3.5 The existence of a dispute relating to the subject matter of commercial papers shall not affect the enforcement procedures unless the competent authority orders the stay of such procedures.
3.6 Any dispute relating to the subject matter of the right shall fall within the powers of the judge hearing the subject matter case, including disputes relating to the breach of contractual obligations by either party or both, such as construction and supply contracts, and the like.
3.7 The interpretation or correction of a judgment shall be vested with the issuing authority, and the enforcement judge may impose provisional attachment pending such interpretation or correction.
3.8 Any assertion or dispute that should have been raised during trial before the judge having subject matter jurisdiction and was not raised shall fall within the powers of said judge, and enforcement shall not be stayed unless pursuant to a decision by said judge.
3.9 Any dispute arising after the completion of enforcement and is not the result thereof shall fall within the powers of the judge having subject matter jurisdiction, including claims of preemption, entitlement to sold property, or enjoyment of a property.
3.10 Disputes relating to entitlements in bequests and endowments shall fall within the powers of the judge having subject matter jurisdiction.
3.11 The enforcement judge shall issue an order to the police or competent force specifying the tasks to be executed, along with a copy of the enforcement document, and such authorities shall immediately execute said order.
4.1 The party requesting enforcement in cases other than custody and visitation shall have the right to choose the territorial jurisdiction provided for in paragraphs (1), (2), (3) and (4) of this Article only, and this shall give effect to the jurisdiction of the enforcement judge. In the event a real or movable property is located outside the jurisdiction of the chosen enforcement circuit, said enforcement judge shall assign the sale of such property to the enforcement circuit in the area where it is located.
4.2 The territorial jurisdiction for the enforcement of marital cases shall be vested with the circuit in the area where the wife resides.
4.3 The party seeking enforcement in alimony cases shall have the right to choose the territorial jurisdiction as provided for in paragraphs (1), (2), (3) and (4) of this Article or the area where said party resides.
4.4 The territorial jurisdiction for the enforcement of custody cases shall be vested with the circuit in the area where the child resides.
4.5 The territorial jurisdiction for the enforcement of visitation cases shall be vested with the circuit in the area where the visited person resides.
4.6 If a location for payment is indicated in the enforcement document, the jurisdiction shall be vested with the enforcement circuit in the area of such location, unless agreed otherwise by the parties.
4.7 Where the enforcement of an ordinary document is sought, determination of whether it is deemed an enforcement document shall be made in the area where the debtor resides. If the debtor acknowledges the entitlement contained therein in whole or in part, the judge shall enter such acknowledgment into the case record, and such document shall be deemed an enforcement document for such acknowledgment. The creditor shall have the right to choose an area for enforcement in accordance with the preceding paragraphs of this Article.
4.8 The provisions governing territorial jurisdiction for enforcement shall also apply to prisoners except for paragraph (77.6) herein.
5.1 If multiple debtors seek enforcement on undivided common property, the circuit to which the first enforcement request has been referred shall have jurisdiction.
5.2 The referral of the enforcement request shall be deemed the first enforcement proceeding.
5.3 If the enforcement judge finds that a previous referral has been made to another enforcement circuit prior to distribution of the proceeds, he shall refer the case file to said circuit – with the exception of paragraph (4.7) herein. This shall not result in the annulment of prior enforcement proceedings. In case of a conflict of jurisdiction, the relevant provisions provided in the Law of Civil Procedure and its Implementing Regulations shall apply.
5.4 Assignment may be made if there are multiple enforcement circuits having subject matter jurisdiction in a single court or territorial jurisdiction in more than one court.
5.5 Assignment of enforcement proceedings shall be granted to another enforcement judge in accordance with the following:
a) The assigning judge shall issue a decision providing for the assignment of the assigned judge, along with the mandate of such assignment.
b) The assigning judge shall keep the original case file and shall enclose with the assignment decision a true copy of the original enforcement document carrying the enforcement order or the seal of enforcement, along with copies of all papers and documents necessary for enforcement.
c) The assigned enforcement judge shall provide the assigning enforcement judge with decisions and judgments he rendered relating to the assignment and shall transfer to said judge the enforcement proceeds.
5.6 The assigned judge shall have the power to issue decisions and judgments for the execution of his assignment and shall decide enforcement disputes. Judgments rendered by the assigned enforcement judge may be appealed before the appeals court in the area of said judge.
1/6- All issued documents by the circuit are filed in the execution request file and preserved after the request is completed.
2/6- The decisions of the enforcement judge are titled with the phrase (Judicial Decision) and include the following:
A - The execution request number and its date.
B - The location of the enforcement circuit and the name of the judge.
C - The hour, day, and date of the decision issuance.
D - The full name of the execution applicant and the one against whom it is executed, and their identification numbers.
E - The name of the execution applicant's agent - if any - and his identification number, the agency number, its date, and source.
F - The enforcement document number, its date, the issuing authority - if any - and its summary.
G - What the judge decided in detail.
3/6- Every judgment or decision issued by the enforcement judge must be reasoned.
4/6- If the enforcement judge decides that he is not competent to execute the document, the provisions of the conflict of jurisdiction in the Law of Civil Procedure and its executive regulations are applied.
5/6- If the enforcement judge grants the debtor a grace period for payment, decides to refrain from execution, stops it, postpones it, or installments the amount; his decision is subject to objection methods - according to the provisions of summary proceeding - except for what is stated in paragraph (1/72) of the regulation.
6/6- The existence of an execution dispute or a dispute on the subject of the enforcement document does not prevent the continuation of execution procedures, unless the circuit considering the dispute decides to stay the execution - according to the provisions of summary proceeding -.
7/6- When considering a dispute related to the check, it is required for the stay of execution that the one against whom it is executed deposits the value of the check in the account of the court Enforcement; unless the circuit considering the dispute decides otherwise.
8/6- The issuance of a stay of execution decision results in the cancellation of all orders issued against the one against whom it is executed, except for the property - fixed or movable - that has been seized; the seizure continues to the extent that satisfies the enforcement document until a final judgment is issued on the original subject.
7.1 The terms assault and resistance used in this Article shall have the meanings provided in Article 88(1)(c) of the Law.
7.2 If an assault, resistance, or attempt to hinder enforcement occurs, the enforcement officer shall immediately submit a report to this effect to the enforcement judge.
7.3 The enforcement judge may, if necessary, include in the enforcement order a permission to break doors and forcibly undo locks.
8.1 The enforcement judge shall communicate with the relevant agencies directly and shall provide the head of the court or enforcement circuit, as applicable, with a copy of such communication.
8.2 Referrals from the enforcement circuit may not cease in the absence of the single enforcement judge.