The Nature of Separation in 'Khul'a' A Comparative Study of Islamic Jurisprudence with the Jordanian Matrimonial Law

Abstract

This research aims to study the separation "Almokhtle'ah" in the Islamic jurisprudence compared to the Jordanian matrimonial Law (version 36, 2010). It aims to describe the kind of separtion that occurs because of the "khul'a" (divorce according to the will of the married woman) according to the Islamic jurisprudence and the Jordanian matrimonial Law. It follows the descriptive and comparative approaches. The main finding of this research is that it is permissible for a woman to ask to be divorced "khul'a" if she hates her husband due to his appearance, behaviors, religion, age, or weakness, and she fears that she cannot fulfill the rights that God specifies. It is recommended that the man responds positively to her request for divorce. Such divorce "khul'a' is impermissible if found without reason or if it is due to the husbands "adhl" detainment for the woman in order to pay to redeem herself unless she commits adultery or obvious ethical problems. The types of 'khul'a' include: separation due to the woman's will not a normal divorce, because that leads to protect the family from disintegration and loss. Normal divorce will allow divorced husbands to go back on their decision. One of the most important recommendations of this study is to give the subject of divorce and related issues, such as getting engaged, 'khu'a' during the waiting period (for the widow), in jurisprudence, in- depth studies that will lead to a more sound opinion