التحكيم في دعوى التفريق للشقاق و النزاع : أحكامه و إجراءاته : دراسة فقهية مقارنة مع قانون الأحوال الشخصية الأردني رقم (36)‎ لعام (2010)‎

Abstract EN

This study aims to clarify the role of the recent Jordanian Personal Status Law No.

(٣٦) for the year ٢٠١٠ and show the procedures of the disunity and conflict case between spouses in the Jordanian Shari'a Courts.

The researcher clarified the conditions that must be met in the two judgments and the scope of the powers granted to them according to the Jordanian Personal Status Law and the legal procedures that the adjudication is going through in this case.

The study concluded that the discord and dispute that necessitates the sending of the two judgments is the common conflict of both spouses, which results from harm to one or both spouses, and the necessity of adjudication when conflict is obligatory because it is a mandatory procedure after the judge has made the effort to reform between them, according to the Jordanian Personal Status Law, amended in ٢٠١٠.

The study consists of three chapters and conclusion, the researcher clarifies the meaning of discord and the dispute between the spouses and the third topic, in which there are three parts in which the researcher shows the job of the two judgments in the case of Disunity and Conflict.

Key words: dispute, Conflict, adjudication.