A Study of Some Controversial Issues in the Provisions of the Iddah in Islamic Jurisprudence and Personal Status Law in the Kingdom of Jordan
Author(s)
Nosaiba Younis Bsharat , Kamarudin Bin Awang Mat ,
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Abstract
The problem is concentrated in the difference between the woman and her husband in the provisions of the iddah, as each interprets from his point of view, so there must be a clear reference that depends mainly on it. The study aims to clarify the provisions of the woman in the iddah in Islamic jurisprudence and the Jordanian personal status law, as well as a statement of what her financial rights are, and to identify the position of the Jordanian personal status law from the provisions of the iddah, in issues that agreed with Islamic jurisprudence, and issues in which jurisprudence was violated. Moreover, this study relied on the qualitative approach by extrapolating the scientific material from the books of jurisprudence from the four schools of jurisprudence, and the Jordanian Personal Status Law. Likewise, the comparative approach by comparing the legal schools with mentioning the sayings of the jurists, the position of the Jordanian Personal Status Law, and then analysing the articles of the law. The study concluded that the issues in which the Jordanian Personal Status Law violated Islamic jurisprudence were limited to the provisions of the Iddah, whether this Iddah was from divorce, or from death. Moreover, the Jordanian Personal Status Law has been silent about the inheritance of the divorced woman in a final divorce, and did not refer to her inheritance in a special text, and thus the Jordanian Personal Status Law violated Islamic jurisprudence, it is the duty of the Jordanian personal status law legislator to follow the Islamic jurisprudence approach in the issue of inheritance of the divorced woman through an irrevocable divorce, because the Jordanian personal status law is derived from Islamic jurisprudence, and in particular from the doctrine of Imam Abu Hanifa.
Keywords
controversial issues, iddah, Islamic jurisprudence, personal status law.
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