Family and Personal Status Law
Family and Personal Status Law tests marriage, divorce, maintenance, custody and inheritance before Sharia and religious courts. The West Bank applies the Jordanian Personal Status Law No. 61 of 1976; Gaza applies Egyptian-based family law. Jurisdiction often turns on religion and domicile, so identify the forum before the rule.
Core rules
- Marriage requires consent, capacity, dowry and, where applicable, guardian consent; registration protects proof.
- Maintenance covers housing, food, clothing and medical needs according to means.
- Divorce may be by husband, judicial divorce or khul', where the wife returns her dowry and waives financial claims.
- Custody prioritises the child's welfare; maintenance and visitation are separate from custody.
Worked example
A wife seeks khul' and the husband refuses. She asks the Sharia court to dissolve the marriage. The court verifies consent, attempts reconciliation and orders return of the dowry. She cannot also claim post-divorce maintenance for herself unless the law provides it, but child maintenance remains the father's duty. The reasoning must separate the wife's waiver from the child's independent right.
Traps
Mixing West Bank and Gaza rules; assuming a civil court can dissolve a religious marriage; confusing custody with guardianship; forgetting the waiting period and inheritance shares.