Arbitrary Divorce Compensation in Jordan – When Does a Wife Deserve Compensation?

Many women are divorced without a legitimate reason or justification, causing them material and moral harm. Jordanian law has guaranteed the woman divorced arbitrarily the right to compensation, protecting her from the husband's abuse of his right to divorce.

In this article, we clarify the concept of arbitrary divorce, the conditions for entitlement to compensation, and how it is assessed.

What Is Arbitrary Divorce?

Arbitrary divorce is when a husband divorces his wife without a reasonable cause or legitimate justification, such that the divorce results from the husband's abuse of his right and causes harm to the wife. Jordanian law grants the divorced woman in this case the right to claim fair compensation.

Conditions for Entitlement to Arbitrary Divorce Compensation

For the wife to be entitled to compensation, the following conditions must be met:

• The divorce must be issued by the husband (whether irrevocable or revocable).
• The divorce must have occurred without a reasonable cause or legitimate justification.
• Harm to the wife as a result of the divorce must be proven.
• The wife must not be the cause of the divorce.

How Is Compensation Assessed?

The court assesses compensation based on several factors, including:

• The husband's wealth and financial capacity.
• The duration of the marriage.
• The extent of harm caused to the wife.
• The circumstances of the divorce.

Compensation is often calculated as equivalent to a number of years of alimony according to legal controls, not exceeding a certain limit.

The Difference Between Compensation and Iddah Alimony

Compensation and iddah alimony are often confused. The difference between them is:

• Iddah alimony: A fixed right for the divorced woman during her waiting period, regardless of the reason for divorce.
• Arbitrary divorce compensation: An additional right due only when the husband's abuse in divorce and the resulting harm are proven.

This means a woman divorced arbitrarily may combine both iddah alimony and compensation.

The Wife's Financial Rights After Arbitrary Divorce

In addition to compensation, the wife is usually entitled to:

• The deferred dowry stated in the marriage contract.
• Iddah alimony.
• Children's alimony and custody fees if there are children.
• Household items owned by her.

Evidence Required to Prove Harm

To prove arbitrary divorce and harm, the following may be used:

• Witness testimony about the circumstances of the divorce.
• Correspondence and documents proving the absence of a legitimate reason.
• Any evidence showing the material or moral harm caused to the wife.

Why Do You Need a Specialized Sharia Lawyer?

A specialized Sharia lawyer helps you:

• Assess whether the conditions for compensation are met in your case.
• Prepare a strong statement of claim highlighting the abuse and harm.
• Assess the appropriate compensation value and claim it.
• Combine all your other financial rights in the same claim.

Conclusion

Compensation for arbitrary divorce is a right guaranteed by Jordanian law to protect women from unjustified divorce. Having an experienced Sharia lawyer by your side ensures you claim your full rights through proper legal means.

If you have been subjected to an arbitrary divorce and want to know your rights, the Law Office of Sharia Lawyer Ahmad Aljarrah provides consultation and full representation in Amman, Irbid, and Zarqa.