Indonesian - Jordanian Supreme Courts to Establish International Cooperation
Jordan | badilag.net (28/12/2011)
After a successful cooperation with the Republic of Sudan and the Kingdom of Saudi Arabia in terms of strengthening human resource, the Indonesian Supreme Court explored cooperation with The Hashemite Kingdom of Jordan. And on 20 to 24 December 2011, Indonesian Supreme Court delegation was visiting the Supreme Court of Jordan, in Amman.
Jordan is expected to support the acceleration of human resource strengthening for Indonesian justice considering the potential of the Kingdom in several fields, especially Islamic economics and the family laws system.
A series of activities during the visit has been prepared by the team of Indonesian Supreme Court involving the active participation of the Indonesian Embassy in Amman and the Supreme Court of Jordan. One hour after landing at Queen Alia International Airport, the delegation was welcomed by the Chief Justice of Jordan, Prof. Dr. Ahmad Muhammed Hulail as the Honorable is also the high priest of the Kingdom in his office. Attending the welcome ceremony were the leaders of Jordan Supreme Court as well as the Indonesian Ambassador, Dr. Zainul Bahar.
.During the reception, Chief Justice of Jordan repeatedly expressed his gratitude to the Indonesian Supreme Court delegation for the visit and the efforts to strengthen cooperation between the two countries. The Supreme Court of Jordan promised to provide various facilities and supports for the various interests by which the Indonesian Supreme Court needs to share.
Among the most interesting topics to discuss are issues related to the Islamic economics. Jordan mandates the settlement of Islamic economics competence to the Mahkamah Nidhamiah supported by material and formal laws which are compatible with the provisions of sharia.
Regulations related to the substance of the material law of Islamic economics is contained in detail in the Jordanian Civil Code Act which serve as the overall guidelines of the judges in resolving commercial sharia disputes in various existing transaction models. The dispute settlement in this field must be resolved in accordance with the provisions of sharia.
In addition to discussions on Islamic economics issues, the delegations had the opportunity to explore various legal breakthroughs developed in Jordan, especially in the family field. Issues like substitute heirs, foster parenting, inheritance, waqaf, non-contentious case settlement mechanism and the orphan's property management, and incompetent children became interesting discussion topics.
Islamic Economics, Orphan’s Property Management and Court Documentation
During the visit to the Arabic Islamic International Bank which is the largest Islamic bank in Jordan and one of the Arabic Bank subsidiaries in more than 60 countries, lots of information can be extracted, especially the commitment of Jordanian Islamic banking to harmonize all its products with Islamic rules.
The General Manager of the International Islamic Arabic Bank, Mr. Iyad El 'Asalie in his presentation in front of the delegation asserted that the overall banking products such as Murabaha, Mudharaba, Musyaroka, Ijara Muntahia Bittamlik, Istisna' and others were released in accordance with the provisions of sharia. Before published to the public, these products must be discussed first by the Sharia Supervisory Board, whose members are the former Mufti of Jordan and a number of Islamic scholars.
On the other hand, the member of Internal Shariah Supervisory Board, Sheikh Abdul Karim El Hasowanah said that the entire Islamic economic disputes resolved in the Mahkamah Nidhomiah based on the provision of Civil Law constructed from sharia.
In addition to Islamic economics issue, the delegation learned more about management system concerning orphan’s assets. Religious Court in Jordan through its order toward such an heirs application related to orphans, as well as incompetent children will directly transfer the assets to the Orphan’s Assets Management Body although they have a guardian appointed by their family.
The Orphan’s Assets Management Body is not organizationally affiliated with the court. However, its works are definitely associated with the court since all property received by the body was obtained from a court order.
Another uniqueness of the Jordanian judicial system is the existence of court documentation or known by Mahkamah Tautsiq. This court is authorized to make such order of non-contentious cases. For particular case, such as divorce, the judge is obliged to reconcile the two parties before issuing the court order on the case of divorce.
The idea behind this system is to create a simple, quick, and low cost court process. Supported by information technology-based administration system, the court could provide a service to the public only within a few hours or even minutes, whereas the trial conducted by a single judge.
Cooperation Opportunity between the Two Supreme Courts
In the final discussion with the delegation, the Honorable Chief Justice, Prof. Dr. Ahmad Muhammed Hulail affirmed that Jordan currently has High Institute for Judges which continuously conducts a variety of training for judges, including foreign judges.
The cooperation between Indonesian and Jordan Supreme Court is widely opened. Indonesian judges are welcomed to take part in training, as the Chief Justice stated, "We are very happy if the Indonesian judges are pleased to participate in training programs we hold, whatever Indonesian Supreme Court desires as long as we can, we will do."
On the other hand, the Directorate General Secretary, Drs. H. Farid Ismail SH. MH in his talk with the members of the delegation confirmed that this opportunity should be taken. He asked Indonesian judges to increase their resource capabilities, particularly in mastering Arabic language as a basic instrument to maximize the international cooperation opportunity.
(Shofa’u Qolbi)