Conditions related to Fiqh Discharge and Its Islamic Jurisprudential and Legal Applications -Family Conciliation and Reform in the Jordanian Sharia Courts as a Case Study-

Abstract

This study entitled: conditions related to Fiqh discharge and its Islamic Jurisprudential and legal applications - family conciliation and reform in the Jordanian Sharia courts, as a Case Study- aims to address Fiqh conditions of issue of discharge as well as showing its legal applications related to divorce in exchange for discharge in Family Conciliation and Reform offices’ practices at sharia courts. In order to achieve aims of the present study, researchers employ the inductive approach and the descriptive analytical methods. The study has concluded that Fiqh discharge is wife’s request for divorce in exchange for wife’s assignment of her marital rights to her husband such as accelerated and deferred dowry, the expense of Idda and all her other financial rights. Fiqh jurists express the term of discharge in other words such as divorce in exchange for memory and Iftidah. In family law, this concept is known as consensual divorce or consensual khul`. This study also showed that there are many jurisprudential and legal applications related to divorce in exchange for discharge.