مجلة كلية الشريعة والدراسات الإسلامية (Jun 2021)
Separation between spouses due to incompatibility and its applications in the Jordanian Sharia courts
Abstract
Objectives: This study aims to examine the issue of incompatibility in the Jordanian Personal Status Law, no.(36) issued in 2010.Incompatibility has been one of the legally contentious issues as its features are constantly changing based on time and place. Methodology: In order to achieve the aim of the study, the researchers use an analytical and deductive method in analyzing the rulings on compatibility in the books of Islamic jurisprudence and the text of the Jordanian Personal Status Law. After analyzing and discussing different opinions, the strongest opinion has been proposed. Findings: The study makes several points the most important of which is that marriage compatibility is mandatory in the Jordanian Personal Status Law. Secondly, the Jordanian legislator lists many aspects of compatibility which can be summarized in two main characteristics: religiosity and financial compatibility evidenced in the ability to pay the advanced dowry and provide for the family. Originality: The value of this study stems from the fact it examines compatibility among the married couples and the process of its application in Jordanian Sharia Court in addition to highlighting the strongest opinion after presenting the Fiqhi and the judicial opinion on the issue.
