The Difference Between Objection, Petition for Suspension, Appeal, and Cassation (Naqḍ)

Objection (Ṭaʿn)
• Definition: A general legal procedure used to challenge a judicial ruling issued in the first or second instance, with the aim of reviewing or altering it.
• Types:

Appeal (Isti’nāf)

Cassation (Naqḍ)

Petition for Reconsideration

Petition for Suspension (Istishkāl)
• Definition: A request submitted by one of the parties involved in the case—or even a third party—before the same court that issued the ruling, aiming to suspend or interpret the enforcement of the judgment.
• Purpose: To address difficulties or ambiguities in executing the judgment.
• Scope: Commonly used in judgments involving enforcement orders.
• Example: If a ruling is issued to evacuate a property, a petition for suspension may be filed to halt execution if serious reasons exist, such as the emergence of new documents.

Appeal (Isti’nāf)
• Definition: A challenge to a first-instance court ruling before a higher court (Court of Appeal), seeking a re-evaluation of the case.
• Purpose: To review the judicial decision in terms of both facts and law.
• Possible Outcomes:

Affirmation of the judgment

Modification of the judgment

Annulment of the judgment and issuance of a new one

Cassation (Naqḍ)
• Definition: A challenge to a ruling from the Court of Appeal before the Court of Cassation (the highest judicial authority in the judicial system).
• Purpose: To review the ruling solely in terms of proper legal application, not factual matters.
• When It’s Used: When a substantial legal error is believed to exist in the ruling.
• Possible Outcomes:

Acceptance of the cassation, annulment of the judgment, and referral of the case back to the appellate court

Rejection of the cassation, making the ruling final

Fundamental Differences:
• Objection (Ṭaʿn): A general category that encompasses all means of legal challenge.
• Petition for Suspension (Istishkāl): Concerned with the execution of judgments.
• Appeal (Isti’nāf): A re-examination of the case based on both facts and law.
• Cassation (Naqḍ): A purely legal review of final judgments.