Invalidity in Jordanian Personal Status Law: A Comparative Study

Abstract

Nullity is an impact imposed by law for violating the contractual system required to protect the supreme interests of society. Nullity strips the act of all its impacts and make it null and void. The Jordan’s Family Law stipulates cases of nullity as well as it states that a null contract does not have any of the impacts of a valid contract. The Jordan’s Family Law also distinguishes between a null contract and a void contract. However, it does not provide a general theory or rules for nullity because the law merely mentions the cases in which a contract is null only. The question that arises here is that whether these cases are mentioned by way of example or by way of exhaustion. This research seeks to discuss this legal issue and offer recommendations by using a legal and Fiqh descriptive and deductive as well as make meaningful comparison with Islamic jurisprudence and Arab legislation.