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

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

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.

Downloads

Download data is not yet available.

References

Abu Dawud, Suleiman bin Al-Ash’ath Al-Sijistani Al-Azdi, Sunan Abi Dawood, Al-Asriya Library, Beirut, Saida, Lebanon.

Al-Bahouti, Mansour bin Younes, Scouts of the Mask on the Board of Persuasion, Dar Al-Kutub Al-Ilmiyya.

Al-Bukhari, Muhammad bin Ismail bin Ibrahim, Sahih Al-Bukhari, Dar Al-Yamamah, Beirut, Lebanon.

Al-Derini, Muhammad Fathi, The Theory of Abuse of Right in Islamic Jurisprudence, Al-Resala Foundation, Beirut, Lebanon.

Al-Hasakfi, Muhammad bin Ali bin Muhammad, Al-Durr Al-Mukhtar and with him Rad Al-Mukhtar, Dar Al-Fikr, Beirut, Lebanon.

Al-Hattab, Muhammad ibn Abd al-Rahman al-Maghribi, the well-known talents of the Galilee to explain Khalil's brief, Dar al-Fikr, Beirut, Lebanon.

Al-Juwayni, Abd al-Malik ibn Abdullah ibn Yusuf, nicknamed the Imam of the Two Holy Mosques, the end of the requirement in the knowledge of the doctrine, investigation: Prof. Dr. Abd al-Azim Mahmoud al-Deeb, Dar al-Minhaj.

Al-Kharshi, Muhammad bin Abdullah bin Ali, Al-Kharshi's footnote on the summary of Sidi Khalil, Dar Al-Fikr, Beirut. The Crown and the Crown, Dar Al-Fikr, Beirut, Lebanon.

Al-Khorasani, Abu Othman Saeed Bin Mansour, Sunan Saeed Bin Mansur, Investigation: Habib Al-Rahman Al-Azami, Al-Dar Al-Sufaiyah, India.

Al-Rahibani, Mustafa Al-Suyuti, Demands of Oli Al-Noha, Islamic Office.

Al-Rawd Al-Murba' Sharh Zad Al-Mashna, Al-Riyadh Modern Library, Riyadh Minutes first nova to explain the ultimate, the world of books Al-Bayhaqi, Ahmed bin Al-Hussein bin Ali, Al-Sunan Al-Kubra, Dar Al-Kutub Al-Ilmia, Beirut, Lebanon.

Al-Razi, Muhammad bin Abi Bakr, Mukhtar Al-Sahah, Al-Asriya Library, Beirut, Saida, Lebanon.

Al-Rifai, Prof. Dr. Jamila Abdel-Qader Shaaban, The Sharia Politics of Imam Ibn Qayyim Al-Jawzia, Amman, Dar Al-Furqan.

Al-Tirmidhi, Muhammad bin Issa bin Surah, The Sahih Mosque (Sunan Al-Tirmidhi), Dar Al-Gharb Al-Islami, Beirut, Lebanon.

Asnawi, Abdul Rahim bin Al-Hassan bin Ali Al-Assani Al-Shafi’i, Introduction to Graduation of the Branches on Origins, Al-Resala Foundation, Beirut, Lebanon.

Ibn Hajar Al-Asqalani, Ahmed bin Ali, Al-Habeer summary in the graduation of the hadiths of Al-Rafi’i Al-Kabeer, Cordoba Foundation, Egypt.

Ibn Hazm, Ali bin Ahmed bin Saeed Al-Andalusi, Al-Muhalla in Antiquities, Dar Al-Fikr, Beirut, Lebanon.

Ibn Rushd, Muhammad ibn Ahmad al-Qurtubi al-Andalusi, The Beginning of the Mujtahid and the End of the Economical, Dar Al-Fikr, Beirut, Lebanon.

Ibn Taymiyyah, Ahmed Abdul Halim bin Taymiyyah Al-Harrani, books, letters and fatwas of Sheikh Al-Islam Ibn Taymiyyah, investigated by Abdul Rahman Al-Najdi, Ibn Taymiyyah Library.
Published
2021-07-01
How to Cite
ALAWAISHEH, Ahmad Youseef Tumah; ALREFAI, Rudina Ibraheem. 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. Journal of Social Sciences (COES&RJ-JSS), [S.l.], v. 10, n. 3, p. 317.330, july 2021. ISSN 2305-9249. Available at: <http://centreofexcellence.net/index.php/JSS/article/view/jss.2021.10.3.317.330>. Date accessed: 28 nov. 2021. doi: https://doi.org/10.25255/jss.2021.10.3.317.330.
Share |