Arbitrary Divorce and its Compensation between The Shari’ah and The Jordanian Law

This research aims to study the legitimacy of compensation for arbitrary divorce, which is established in the Jordanian law, and is applied in the Palestinian courts of the West Bank and many Arab countries, due to the controversy of the issue. The research is divided into an introduction, four chapters and a conclusion. The first chapter discusses the concept of divorce, its legitimacy and its reasons. The second chapter explains the concept of arbitrary divorce, its consequences and its most important forms. As for the third chapter it deals with the legitimacy of compensation for arbitrary divorce by identifying the foundations on which it is based, its effects, the cases in which it becomes due, and the cases in which it becomes nullified. As for the fourth and final chapter it focuses on the financial rights of the divorcee, such as the conciliatory gift of divorce and its relation with compensation for arbitrary divorce, alimony during the waiting period and whether it is considered part of the compensation, and the delayed portion of the dowry and how society looks at it as part of the compensation. The study ended with a conclusion that stated the most important results of the study along with some recommendations.