GARNISHMENT OF SALARIES AND WAGES

Abstract

There is no doubt that the stage of executing judicial rulings is a fundamental stage in ensuring judicial protection of rights. It is futile to issue judicial rulings and leave them unenforced. Therefore, it is said that a litigant wins their case twice: once before the court of subject matter and once before the enforcement authority. This saying undoubtedly highlights the complexity and importance of enforcement procedures from a legal perspective. What benefit is there in issuing a judgment that establishes a right for its owner if it is not enforced? This sentiment is echoed in a message from Umar ibn Al-Khattab to his judge, Abu Musa al-Ash'ari, stating: "Judging is an obligatory duty and a followed tradition... understand when a case is brought before you, for speaking a right without enforcing it is of no benefit..." In other words, a judgment or deed without execution is of no value.

The execution of judgments is the actual translation of their pronouncements into reality, arising from a legal dispute whose aim is to establish a right or legal position that has been violated. The role of the judiciary is limited to preparing the enforceable deed, as the need for judicial protection is not satisfied merely by the issuance of the judgment. With the existence of the enforceable deed, the judgment creditor has the right to enforce it by aligning the actual situation with the legal position, known as the execution dispute.