التفويض بالطلاق : دراسة فقهية قانونية تطبيقية

Abstract EN

This research highlights an important juristic issue (delegation of divorce) to the wife and addresses the judiciary problem of the legitimate Jordanian courts of appeal on the issue of the legal impact of the use of the wife the right to divorce or as well known in the Islamic courts as "a wife to take hand in divorce" or the type of divorce resulting from the use of delegated divorce, whether this reaction is retroactive as seen by Irbed court of appeal? or Irreversible as seen by Amman court of appeal? This research deals with tow sections which show some of the provisions relating to the issue of the mandate or delegation, The first one deals with many aspects of mandate in terms of Islamic jurisprudence as a mandate to divorce, its legitimacy, the difference between it and the power of attorney, the formula, the validity, and the rule of irreversible.

The second deals with applications for judicial authorization of divorce, the mechanism used by women, the impact on the use of the wife the right to mandate divorce, and when immunity of divorce considered as a mandate or as a condition like other conditions in the contract.