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Administrative reforms proposed by members of the judiciary

Members of the judiciary with whom interviews were conducted agreed on a number of administrative proposals for change. These included the establishment of separate personal status courts dealing with all personal status cases, with jurisdiction based on claims of judicial divorce and objection to obedience rulings since these give rise to the other types of demands and claims; and departments dedicated on a permanent basis to personal status cases to the exclusion of other civil cases and criminal cases.

This would mean the qualification and training of cadres of judges specialized in personal status law.

The recommendations also included the abrogation of objection to rulings issued in absentia, leaving appeal at the second stage where most rulings are reviewed whether issued in absentia or not; and finding a more positive role for the office of the state attorney for personal status, as a part of the court and a legal resource. Finally, the delay in resolving cases is sometimes due to the con­siderable burdens placed on judges who have three or sometimes four sessions per week, which could be eased by the reduction and simplification of procedures.

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Source: Welchman Lynn. Women's Rights and Islamic Family Law: Perspectives on Reform. Zed Books,2004. — 328 p.. 2004
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