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What Are the Types of Divorce in Jordanian Law in Detail?

Recognized forms of marital dissolution under Jordanian law: revocable and irrevocable talaq, khulʿ, faskh, and judicial separation.

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

In Jordanian law, divorce is primarily governed by the Personal Status Law. There are different types of divorce recognized under this law:

  1. Revocable Divorce (الطلاق الرجعي): According to Article 91 (المادة 91) of the Personal Status Law, every divorce is considered revocable except in certain cases. This means that the husband can return to his wife during the waiting period (`iddah) without the need for a new marriage contract.

  2. Irrevocable Divorce (الطلاق البائن): This type of divorce cannot be revoked, and the couple would need a new marriage contract to remarry. Irrevocable divorce includes:

    • The third divorce (المكمل للثلاث)
    • Divorce before consummation of the marriage, even after seclusion
    • Divorce in exchange for compensation (الطلاق على مال)
    • Any divorce explicitly stated as irrevocable in the law
  3. Divorce by Number or Repetition (الطلاق المقترن بالعدد أو المكرر): As per Article 89 (المادة 89), if a divorce is pronounced with a specific number or repeated in one sitting, it counts as only one divorce.

These are the main types of divorce recognized in Jordanian law. For official advice and further details, it is recommended to consult a qualified lawyer.

Frequently Asked Questions

What is the difference between minor and major irrevocability?
Minor allows return through a new contract and dowry by mutual agreement. Major requires the wife to validly marry another first.
Does faskh count as one of the three divorces?
No — faskh is conceptually distinct from talaq and is not counted.
Which type does not require the husband's consent?
Khulʿ and judicial separation can both be granted even if the husband refuses.

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