A Comparative Study of the iddah judgments in Which there is A difference between Islamic Jurisprudence and Jordanian Personal Status Law

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A Comparative Study of the iddah judgments in Which there is A difference between Islamic Jurisprudence and Jordanian Personal Status Law

Abstract: The problem centers on the difference between a woman whose husband has died and her husband In the provisions of the iddah, as each interprets from his point of view and knowledge. There is a need for a clear-cut reference to be based on that.The study aims to clarify the provisions of the iddah in Islamic jurisprudence and the Jordanian personal status law, and to clarify their important financial rights, and to identify the position of the Jordanian personal status law from the provisions of the iddah on issues that agreed with Islamic jurisprudence, and issues in which it contradicted jurisprudence.Moreover, this study adopted the qualitative approach by extrapolating the scientific material from the jurisprudence books of the four schools of jurisprudence, and the Jordanian Personal Status Law, and the comparative approach by comparing the schools of jurisprudence by mentioning the sayings of the jurists, and the position of the Jordanian Personal Status Law, then analyzing the articles of the law. The most prominent findings of the research were that disagree the Jordanian Personal Status Law Islamic jurisprudence in the issue of the woman whose husband has died going to her work at night, where Islamic jurisprudence, based on a fatwa from the Jordanian Ifta Department, permitted her to go out to work at night, while the Jordanian Personal Status Law did not allow her to do so. On the other hand, this study contributed to providing scientific material for workers in the Jordanian Sharia courts, the Jordanian Sharia judiciary, and students of Sharia science.

Key words: iddah judgments, Islamic Jurisprudence, Jordanian Personal Status Law.

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