Purpose: This research addresses the topic of the mechanism for dissolving a marriage due to the husband's inability to pay the dowry, by clarifying the concept of the husband's insolvency and its impact on the wife's right to request the annulment of the marriage contract under Islamic jurisprudence. It also describes the type of separation that results from the husband's inability to pay the dowry. Design/methodology/approach: In this research, which is extracted from the doctoral dissertation entitled “The Operational Mechanism of the Palestinian Alimony Fund: A Comparative Jurisprudential and Legal Study”, we followed a scientific methodology based on the descriptive-inductive approach, along with comparison and analysis. Finding: The study concluded with several key findings, the most important being: insolvency is a state in which a person is unable to fulfill financial obligations, including the dowry, which is considered a firmly established right for the wife under the marriage contract. The wife has the right to demand full payment of the prompt portion of the dowry before consummation. If the husband refuses to pay, the wife has the right to file a case with the competent Sharia court requesting separation. In case of proven insolvency, the judge may grant the husband a grace period to pay what he owes. If he fails to do so, the judge may annul the marriage contract — but only before consummation. After consummation, the wife may not request annulment but still retains the right to claim the dowry. This is the preferred opinion among jurists and the one adopted in the Jordanian Personal Status Law. The separation resulting from the husband's failure to pay the dowry is considered an annulment, not a divorce, and the wife is not entitled to any part of the dowry if the separation occurs before consummation and seclusion. However, she is entitled to the full dowry, according to the preponderant opinion of jurists, if separation occurs after seclusion and before consummation — and this is also upheld by the Jordanian Personal Status Law. Recommendations: The study recommends that both spouses cooperate in overcoming financial difficulties and that the wife be patient with her husband’s financial hardship as much as possible. It also emphasizes the importance of raising awareness among spouses about their rights and duties and providing financial support for those affected by changing economic conditions. Keywords: Insolvency, Mahr (Dowry), Annulment of the Marriage Contract, Dissolution of Marriage Due to Inability to Pay the Mahr

Title

مجلة جامعة النجاح للقانون والاقتصاد

Publisher

An-Najah National University

Publisher Country

Palestine

Publication Type

Both (Printed and Online)

Volume

1

Year

2025

Pages

1-9