This research addresses the issue of divorce for individuals lacking full or temporary legal capacity, due to the importance and potential harm of this topic to both the individual and society. The study is divided into an introduction, three sections, and a conclusion. In the first section, we discussed the concept of divorce, its definition, legitimacy, types, elements, and rulings. The second section focused on legal capacity, its definition, types, and impairments. In the third section, we examined the rulings related to the divorce of those lacking capacity, both permanent and temporary, such as the divorce of the insane, mentally disabled, sleepwalker, intoxicated person, coerced individual, and the joking person, among others.

The study also presented the legal perspective based on the Jordanian Personal Status Law, the Majalla of Judicial Decisions, and some appellate court decisions—if available—to provide a comprehensive analysis from both legal and Shariah perspectives.

At the conclusion of this research, the study reached several findings, the most important of which is that it is a requirement for the one who pronounces divorce to be both free to act and legally competent. There are two types of legal capacity: capacity to claim rights (capacity to have rights) and capacity to exercise rights (capacity to act). Each of these can either be complete, incomplete, or absent. If both capacities are fully present in an individual, their divorce is valid and proper. However, if one of these capacities is absent or diminished, the divorce is not valid according to the majority of scholars.

Title

جامعة الزيتونة العلمية

Publisher

جامعة الزيتونة الدولية

Publisher Country

Syria

Publication Type

Prtinted only

Volume

30

Year

2025

Pages

33