سلطة القاضي التقديرية في إنشاء عقد الزواج و حله : دراسة مقارنة بالقانون الأردني

الملخص EN

The purpose of this study is to clarify the authority of the discretionary judge in the establishment and dissolution of the marriage contract.

In this study, it dealt with research through the jurisprudentialization of the issues and mentioned the most important jurisprudential opinions and the most correct views and then the articles on the Jordanian Personal Status Law, And his role in establishing and dissolving the marriage contract, because the judge has the power to do so.

The study dealt with some of the new issues in the Jordanian Personal Status Law And the extent of the judge's power to limit family disputes.

Among the issues discussed in this study is the question of how to compensate for the abandonment of the engagement, the issue of marriage of minors, polygamy and the estimation of the compensation for arbitrary divorce, dissension and conflict.

The study concluded that the judge has discretion in establishing Marriage contract and its dissolution in Islamic jurisprudence and Jordanian personal status law.

This discretionary authority is based on interest and observance of the purposes of Islamic law.