The Legislative Drafting of Sources of Judicial Ruling in the Jordanian Personal Status Law No. 15 of 2019

Abstract

      This study aims to evaluate the legislative drafting of the original and subsidiary sources of judicial ruling in the Jordanian Personal Status Law No. 15 for 2019, in terms of its adequacy to accommodate life variable and developments related to personal status, and the extent of its commitment to the tight drafting that keeps the legal basis away from the possibilities that lead to confusion in rulings due to the differences in explaining them, supported by applied examples. The study followed the descriptive approach, the deductive approach, and the comparative approach, as it compared the legislative wording of Jordanian law with a number of civil laws and personal status laws in the Arab world. The study reached a number of results and presented some recommendations to the Jordanian legislator related to the subject, the most important of which is that there is no reason to consider the preponderant opinion of Abu Hanifa creed the second source for the law, and present it over the rulings of the Islamic jurisprudence, since they may not be the most likely to agree with law provisions. Also, The preponderant opinion of Abu Hanifa creed is related to the rulings of the Islamic jurisprudence, but not the other way around.