Separation due to Insolvency to Pay Alimony in Islamic Jurisprudence and Jordanian Personal Status Law: A Comprehensive Legal Analysis

This extensive study examines the intricate legal framework governing marital separation arising from a husband's financial insolvency and inability to provide spousal maintenance (nafaqah) under both classical Islamic jurisprudence and modern Jordanian Personal Status Law. Using an analytical and inductive approach, it synthesizes primary Islamic texts, traditional jurisprudential writings, and contemporary legal statutes to provide a comprehensive understanding of this key aspect of family law. The findings highlight notable jurisprudential differences: the Hanafi school outright prohibits separation due to insolvency, whereas the Maliki, Shafi'i, and Hanbali schools generally permit separation to avoid harm to the wife. Jordan's Personal Status Law No. 36 of 2010 aligns with the majority view, outlining specific procedures, including the requirement for a prior, final, unenforceable maintenance judgment. The study shows that separation under these circumstances can be a revocable divorce (talaq raj'i) if the marriage was consummated, or a minor irrevocable divorce (baynunah sughra) if not. During the 'iddah' period of a revocable divorce, the husband can reconcile if he proves financial stability, settles any unpaid maintenance, and guarantees future payments. Overall, this research enhances understanding of how Islamic family law seeks to balance marital cohesion with the protection of spousal rights.