Violation of the Jordanian Personal Status Law No. 15 of 2019 of the opinion of the Hanafis in the ruling on forced divorce, pursuant to Sharia policy (a comparative jurisprudence study)

Ahmad Youseef Tumah Alawaisheh and Dr. Rudina Ibraheem Alrefai
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Dr. Rudina Ibraheem Alrefai: University of Jordan, Jordan

Journal of Social Sciences (COES&RJ-JSS), 2021, vol. 10, issue 3, 317-330

Abstract: Families in general are subjected to many external influences and pressures especially the husband, who is usually under threats and compulsion, to forcibly divorce his wife. This divorce might occur for the sake of greed of her money, beauty, or settle down some personal issues through inflicting punishment or peeve her husband. The present study aims at defining forced divorce and clarify the scholars’ opinions of forced divorce along with clarifying the most likely opinion and the opinion adopted by the Jordanian Personal Status Law No. 15 of 2019 by answering the following question: What is the reason for the law changing the opinion of Imam Abu Hanifa to the opinion of most jurists on the issue of forced divorce, and what is the interest achieved by This turn off? What is the role of legitimate politics in that? To answer this question, the researcher used the comparative analytical method as the main research design. The study concluded that forced divorce does not occur, which is the opinion held by the public, due to its consistency with the spirit and purposes of Islamic law. This opinion is also consistent with the legitimate interest and policy, which is what the Jordanian law adopted in contravention of the opinion of Imam Abu Hanifa to the opinion of the public as it achieves the general interests and legitimate policy.

Keywords: Violation; forced divorce; Sharia policy (search for similar items in EconPapers)
Date: 2021
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