دعوى التعويض عن الطلاق التعسفي و تطبيقاتها في المحاكم الشرعية الأردنية

Abstract EN

Although divorce is initiated by the husband, however, it is constrained by not harming one’s wife, and that it has a justified reason.

so that the husband does not abuse his right, and if he does, then the Jordanian personal status law requires compensation from the husband to the wife ; which can be paid fully or in instalments, depending on his financial status.

with a new contract and dowry, this arbitrariness is removed, and a valid defense in this lawsuit, or not? the sharia supreme court came to the final say in this matter that the wife’s marriage with a new contract, does not eliminate the arbitrariness of the previous divorce.

this study concluded with several results, the most important of which is that the mere occurrence of arbitrary divorce from the husband is not considered arbitrary ; because of the existing reasons for his divorce from his wife, and that the new marriage contract after an arbitrary divorce does not remove the damage arising from this divorce.