أثر الحقائق العلمية على التفريق القضائي العيوب بين الزوجين في قانون الأحوال الشخصية الأردني

الملخص EN

The purpose of this study is to clarify the legal texts that governing the judicial dispersal of defects in the Jordanian Personal Status Law No.

15/2019, taken from the views of the Islamic Sharia scholars, through defining the defect in marriage, the views of Islamic law scholars on the divorce of defects, and a position of the Jordanian legislator from the divorce due to these defects and the role of medical progress and its effect on the divorce between spouses.

The study found that the legal texts, which regulate the provisions of divorce due to defects in the personal status law do not correspond to the medical development, that has been able to remove defects preventing sexual enjoyment, or treating the repulsive diseases of marital life, which scholars decided in their time as a reason for a divorce.

Therefore, the study calls on the Jordanian legislator to intervene to avoid this deficiency and carry out legislative reform in these texts in line with medical development.

Descriptive and analytical approaches, as well as a comparative approach, were used.

The study was divided into three sections: First: definition of defect between spouses and the opinions of scholars on it.

Second: Position of Jordanian legislator from the divorce between sponses due to defects, third: the role of medical progress and its effect on the divorce between sponses.