This study addressed a social problem affects the unity of the family, therefore it has been considered in the Holy Qur’an.

It discussed the jurist’s opinions about the concept of (Preventing women from marriage) and the determinants that control it, and how to solve this issue from the view of Islamic Fiqh.

Then it clarified the concept in the Jordanian Personal Status Law, which is applied in the West Bank, and how it deals with this problem.

The study concluded that only one of Jurists determinants was considered in the Law which is: Equity, however it leaves some space to the discretion of the Judge when it districts the legality of (Preventing women from marriage) by the guardian, with the existence of Legitimate justification, as a result I suggest to amend the law so that every woman exposed to preventing from marriage has the right to complain, Where the judge is supposed to study such complaints on a case by case basis.

Keywords: Preventing women from marriage, Guardian, Equity.

Title

مجلة العلوم السياسية والقانون

Publisher

المركز الديمقراطي العربي

Publisher Country

Germany

Publication Type

Both (Printed and Online)

Volume

4

Year

2020

Pages

143 - 167