The right of the spouses to request separation due to defects in Islamic jurisprudence and the Jordanian Personal Status Law (A Comparative Jurisprudential Study with the Jordanian Personal Status Law No. 15 of 2019)

Authors

Ahmad Ali Jaradat

 

Abstract

This research addresses a right granted to spouses by Islamic Sharia and the Jordanian Personal Status Law: the right of option (khiyar) to annul the marriage contract if either spouse suffers harm due to a defect or disease that prevents the continuation of marital life. The research concluded a number of key findings. Most notable among these was that women›s right to protection against harm, injustice and male dominance is established through both Islamic Sharia and the Jordanian Personal Status Law. As such, the Jordanian Personal Status Law mirrors Islamic Sharia in its protection for women as well as its affirmation of gender equality. Therefore, the findings of the research demonstrate the effectiveness and fairness of this legislation and refute claims that Islam has negatively impacted the status of women or diminished their legal rights.

DOI: 10.51958/AAUJBL2026V10I2P5