Khaberni - In response to the recent controversial and misleading statements about reality (whoever wants to divorce must suffer), which positioned men in the circle of accusation, as if divorce and separation between spouses in Jordan are solely in the hands of the husband, despite the truth being completely the opposite...
It is said in a revered tone (Divorce is twice, retention with kindness or release with goodness), that marriage is a life project based on affection, mercy, and cohabitation, where spouses are closer to each other in the journey of life than to their families or anyone else, not as some depict it as a fierce war. In divine legislation, the right of divorce is in the hands of the man..
However, secular laws and legislations have different texts that strip the husband of divorce authority and allow the wife or even the fiancée to seek separation without the husband uttering divorce, and against his will, the separation occurs based on fabricated issues, some of which are hardly worth mentioning and have no clear religious text, aiming to take the dowry from the husband or suitor.
As prevalent in our society, the wife or fiancée does not resort to divorce through redemption (Khul') as in the divine legislation if she dislikes the man, but it is her choice in the Jordanian law to choose any claim that suits her, and in few cases is the divorce by mutual consent against exoneration, and the majority happens in claims of separation due to discord and conflict.
Court corridors witness that the man usually does not possess the authority of divorce in most of these claims, like the claim of discord and conflict which are prevalent and common in society, and separation occurs at the request of the wife or fiancée prior to consummation.
Therefore, she chooses the divorce and takes from the husband or fiancé half of the dowry under the name of (rights) as stipulated by the law.
According to the annual report of the Department of Judge of Judges, there was a clear increase in divorce rates compared to previous years, raising questions about the type of divorce or separation conducted in courts, the nature of separation claims whether for discord and harm or mutual consent divorce against exoneration or absentee coercive divorce or divorce by redemption (Khul'), and whether it is divorce and separation based on divine legislation or separation based on statutory law!!
Official reports clarify that Khul' divorces do not exceed 1%, and amicable divorces are less than 10%, and divorce prior to consummation constitutes a third of the recorded cases, which demonstrates that the highest proportion of divorce is through claims of separation (discord and conflict).
Here, the real flaw in the Jordanian Personal Status Law becomes apparent, which has been the primary and major cause for the increase in divorce rates, family disintegration, reluctance to marry, and the fear among youth to fall victim to these laws.
The flaw in the law is not confined to claims of separation and divorce but there are other more horrific issues, where the man's authority over his children and wife has been revoked.
There are other examples like spousal maintenance outside the marital home, as known in divine legislation, where spousal maintenance is contingent upon obedience, also the age and arrangement of custody, child visitation that the closest relatives from the father's side do not see as the mother's relatives do, private and university educational maintenance, and medical treatment in the private sector that obliges those who are not financially capable in clear violation of the Jordanian Constitution.
This imbalance in the law was the main cause of the destruction of the Jordanian family, its disintegration, the loss of children and teenagers, the revocation of the father's authority, and the emergence of cases of ‘divorce orphans’, who do not know their fathers and do not see them, which necessitates the Jordanian legislator to review and amend this law to achieve legitimate justice and family and societal interests.
