Abuse of the Right in Judicial Khulʿ Lawsuits between Islamic Jurisprudence and Civil Law: A Juristic-Legal Study of Articles (114) and (155) of the Jordanian Personal Status Law No. (36) of 2010

Abstract

Objectives: This study aims to demonstrate the possibility of abuse in a wife's exercise of the right to judicial khulʿ, similar to the concept of arbitrary divorce recognized by law. It examines this issue through an analysis and comparison of Articles (114) and (155) of the Jordanian Personal Status Law No. (15) of 2019.

Method: The study employs inductive, analytical, and comparative approaches. It analyzes the views of Islamic jurists and compares them with the relevant provisions of the Jordanian Personal Status Law governing the same issue.

Results: The study finds that abuse of the right to seek judicial khulʿ is conceptually possible. Accordingly, the right to request khulʿ should, from both Islamic and legal perspectives, be subject to the theory of abuse of rights, similar to the legal consequences established in cases of arbitrary divorce.

Conclusions: The study concludes that abuse of rights may occur in judicial khulʿ proceedings initiated by a wife before the court, warranting the application of the theory of abuse of rights in such cases.

Keywords: Abuse of rights, arbitrary divorce, abusive khulʿ, judicial khulʿ, Jordanian Personal Status Law.