Implementing the rule of opening pretexts and its applications in the Jordanian Personal Status Law (Chapter on Marriage Contract and Expenses)

Abstract

This research aims to study the rule of opening pretexts in the Jordanian Personal Status Law, and to clarify its impact on the marriage contract and expenses. This rule is considered one of the jurisprudential principles that allow the use of means leading to the achievement of legitimate interests, which contributes to achieving justice and reducing marital disputes.

The objectives of the research include analyzing the rule jurisprudentially and legally, studying its applications in Jordanian law, highlighting its role in resolving family disputes, in addition to providing recommendations to improve the mechanisms for its legal application.

The research problem revolves around the extent to which the rule of opening pretexts contributes to achieving justice and the public interest within the Jordanian Personal Status Law.

The results showed that this rule is used in Jordanian law to facilitate marriage, reduce financial burdens, and alleviate marital disputes through provisions such as easing dowry conditions, regulating alimony, and allowing marriage in exceptional circumstances.

Recommendations include enhancing legal clarity in the application of the rule, developing mechanisms to resolve family disputes, and launching awareness campaigns on the role of opening pretexts in personal status to ensure the achievement of the objectives of Sharia.