Unique Provisions of Jordanian Marital Status Law No. 36 of 2010 in Divorce, Differing from the Four Fiqh Schools

Authors

Mohammad Al-Jablai, Applied Science Private University - JordanFollow

DOI

https://doi.org/10.35192/jjoas-h.v28i2.6

Abstract

The present study examines certain provisions in the Divorce Section of Jordanian Marital Status Law No. 36 of 2010, in which legislative choices diverge from those made by mainstream scholars within the four Fiqh schools. The study investigates the intentions of the Jordanian legislator through a review of this section. It is found that there are only three such cases, which notably present a different perspective. The researcher recommends a thorough review of the religious basis underlying the law’s choice concerning future-included divorce, specifically Article 87, Paragraph (b), due to ambiguities in its wording. This aligns with the same jurisprudential school that the law appears to have adopted—the Zahiri school. It has been narrated that the Imam of this school unanimously agrees with a different opinion than the one expressed, highlighting the need for a clearer articulation of the issue’s basis and supporting evidence.

Recommended Citation

Al-Jablai, Mohammad (2021) "Unique Provisions of Jordanian Marital Status Law No. 36 of 2010 in Divorce, Differing from the Four Fiqh Schools," Jordan Journal of Applied Science-Humanities Series: Vol. 28: Iss. 2, Article 6.
DOI: https://doi.org/10.35192/jjoas-h.v28i2.6
Available at: https://digitalcommons.aaru.edu.jo/jjoas-h/vol28/iss2/6