Arbitrary divorce in Jordan may arise when a husband divorces his wife arbitrarily, such as without a reasonable cause, and the former wife asks the Sharia Court for compensation. Under Article 155 of Jordanian Personal Status Law No. 15 of 2019, compensation is not automatic merely because a divorce occurred.
What is sometimes described as an “arbitrary divorce fine” is legally compensation, not a criminal fine. If awarded, the amount ranges from the equivalent of one year to three years of maintenance, taking the husband’s financial circumstances into account, without affecting the former wife’s other legal rights.
Quick Answers
What is arbitrary divorce under Jordanian law?
Arbitrary divorce may be found where a husband divorces his wife arbitrarily, such as without a reasonable cause. The Sharia Court considers the circumstances and evidence, and the former wife must request compensation under Article 155.
How much is the arbitrary divorce compensation in Jordan?
The law provides compensation ranging from the equivalent of one year to three years of maintenance. There is no fixed amount in Jordanian dinars for every case, and the court considers the husband’s financial circumstances.
How is arbitrary divorce compensation calculated?
The compensation is assessed within a range equal to one to three years of maintenance. The actual amount depends on the maintenance figure used by the court, the facts of the case, and the husband’s financial circumstances.
Are there different types of arbitrary divorce?
Jordanian Personal Status Law does not provide a separate list of “types” of arbitrary divorce. Whether a divorce is arbitrary depends on its reason and circumstances rather than on a fixed legal classification.
Is divorce in the wife’s absence automatically arbitrary?
No. Divorce in the wife’s absence and arbitrary divorce are different concepts. Absence concerns how the divorce occurred or was registered, while arbitrariness concerns the reason for the divorce and entitlement to compensation.
Were you divorced and want to know whether you may claim compensation?
Send us the divorce details and any relevant documents or correspondence for an initial review of whether Article 155 may apply.
What Is Arbitrary Divorce Under Jordanian Law?
Article 155 of Jordanian Personal Status Law regulates compensation for arbitrary divorce. It gives a divorced woman the right to request compensation where her husband divorced her arbitrarily, giving divorce without a reasonable cause as an example. A divorce is therefore not automatically considered arbitrary merely because it occurred; the court considers the facts and the reason for the divorce.
The important distinction is that the law does not impose a criminal punishment simply because a husband exercised the right to divorce. Instead, compensation may be awarded where the circumstances amount to the arbitrary divorce addressed by Article 155. The former wife must request that compensation before the Sharia Court.
When Is a Divorce Considered Arbitrary in Jordan?
Whether a divorce is considered arbitrary depends on the circumstances and the husband’s reason for ending the marriage. Article 155 gives divorce without a reasonable cause as an example. The Sharia Court therefore considers the facts and evidence rather than assuming arbitrariness simply because the wife did not agree with the divorce or because it occurred unexpectedly.
Family disagreements, financial circumstances, or health issues do not automatically establish or exclude arbitrary divorce. The relevant question is what the facts show about the reason for the divorce and whether that reason was reasonable in the circumstances. The result may therefore differ from one case to another.
A divorce that occurs or is registered without the wife being present is also not automatically an arbitrary divorce. These are separate legal issues: absence relates to how the divorce was effected or recorded, while arbitrary divorce concerns the reason for the divorce and the right to claim compensation.
Compensation for Arbitrary Divorce in Jordan
Where the court finds that a husband divorced his wife arbitrarily and she requests compensation, Jordanian Personal Status Law provides for an amount of no less than the equivalent of one year of maintenance and no more than three years of maintenance. The law does not set one fixed dinar amount for every case.
Compensation range under Article 155
- Minimum: the equivalent of one year of maintenance.
- Maximum: the equivalent of three years of maintenance.
- The husband’s financial circumstances are taken into account.
- Payment is made as a lump sum if the husband has sufficient means.
- Payment may be made in instalments if he lacks sufficient means.
Article 155 also expressly provides that an award of arbitrary divorce compensation does not affect the former wife’s other rights. The compensation should therefore not automatically be treated as a substitute for any other financial rights that may apply in her particular circumstances.
Sharia Supreme Court Principle on Arbitrary Divorce Compensation
In Judicial Principle No. 219-2020/30, the Sharia Supreme Court held that a man’s subsequent remarriage to his former wife after the end of her waiting period does not, by itself, extinguish her right to claim compensation for the earlier arbitrary divorce.
Official source: Supreme Judge Department – Judicial Principles of the Sharia Supreme Court
Is There an Arbitrary Divorce “Fine” in Jordan?
People sometimes search for an arbitrary divorce fine in Jordan, but the legally accurate term under Article 155 is compensation for arbitrary divorce. It is not a criminal fine paid to the state. It is a financial amount that the Sharia Court may award to the divorced woman where the legal requirements are satisfied and she requests compensation.
The compensation starts at the equivalent of one year of maintenance and may reach the equivalent of three years of maintenance. A single amount such as JOD 1,000 or JOD 5,000 cannot therefore be applied to every case because the calculation depends on the maintenance amount used in the assessment, the husband’s financial circumstances, and the facts before the court.
How Is Arbitrary Divorce Compensation Calculated?
The statutory range can be understood by reference to Article 155: the minimum is the equivalent of one year of maintenance and the maximum is the equivalent of three years. For example, if the monthly maintenance figure used for the assessment were JOD 300, the indicative range would be JOD 3,600 for one year to JOD 10,800 for three years, before the court makes its final assessment.
Illustrative calculation
- Monthly maintenance used for illustration: JOD 300.
- Minimum: JOD 300 × 12 = JOD 3,600.
- Maximum: JOD 300 × 36 = JOD 10,800.
The amount cannot therefore be calculated from the length of the marriage or the husband’s income alone. The maintenance amount relevant to the assessment, his financial circumstances, and the specific facts of the divorce must also be considered.
How Can a Wife Establish Arbitrary Divorce Before the Court?
Describing a divorce as arbitrary is not enough by itself to obtain compensation. The Sharia Court considers the reason for the divorce together with the facts and evidence presented. The former wife may present evidence supporting her claim, while the husband may explain the reason on which the divorce was based. The court then determines whether the circumstances amount to arbitrary divorce.
Depending on the circumstances, relevant evidence may include:
- Correspondence or messages.
- Witness testimony.
- Documents.
- Other evidence relevant to the reason for the divorce and the circumstances surrounding it.
There is no single piece of evidence that proves every arbitrary divorce case. The strength of the claim depends on how the available evidence relates to the facts relied upon in the compensation request, and the court ultimately assesses those facts and evidence.
Frequently Asked Questions About Arbitrary Divorce in Jordan
What is arbitrary divorce under Jordanian law?
Arbitrary divorce in Jordan may arise when a husband divorces his wife arbitrarily, such as without a reasonable cause. It is not automatically established by a sudden or unwanted divorce. The Sharia Court reviews the circumstances, facts, and evidence, and the former wife must request compensation under Article 155.
How much is arbitrary divorce compensation in Jordan?
What is sometimes called an arbitrary divorce “fine” is legally compensation, not a criminal penalty. Under Article 155, compensation ranges from the equivalent of one year to three years of maintenance. The court also considers the husband’s financial circumstances when determining the amount and method of payment.
How is arbitrary divorce compensation calculated in Jordan?
Arbitrary divorce compensation is calculated by reference to maintenance. The minimum is the equivalent of one year of maintenance and the maximum is three years. For example, if monthly maintenance is JOD 300, the indicative range is JOD 3,600 to JOD 10,800, subject to the court’s final assessment.
Does arbitrary divorce compensation affect the former wife’s other rights?
No. Article 155 expressly states that compensation for arbitrary divorce does not affect the former wife’s other legal rights. It should therefore be treated as an additional right where arbitrariness is established, rather than as a substitute for other financial or personal-status rights that may apply in her case.
When is a divorce considered arbitrary in Jordan?
A divorce may be considered arbitrary based on its reason and surrounding circumstances, with divorce without a reasonable cause being an example under Jordanian Personal Status Law. Marital disputes, financial difficulties, or health issues do not automatically determine the result. The Sharia Court assesses the facts and evidence in each case.
How can a wife prove arbitrary divorce in Jordan?
The former wife may present facts and evidence supporting her compensation claim before the Sharia Court, while the husband may present evidence explaining the reason for the divorce. Relevant evidence may include messages, witness testimony, documents, and other circumstances connected to the divorce. No single form of evidence applies to every case.
Summary
Arbitrary divorce in Jordan depends on the reason for the divorce and the surrounding circumstances, not simply on the fact that the wife did not want the divorce. If arbitrariness is established and compensation is requested, the Sharia Court may award an amount equivalent to one to three years of maintenance, taking the husband’s financial circumstances into account. This compensation does not replace the former wife’s other legal rights.
Would you like to review whether you may have an arbitrary divorce compensation claim?
Send us the divorce date, the circumstances surrounding the divorce, and any available documents or correspondence. These details can help assess whether Article 155 may apply and what other financial rights may need to be considered.
Legal Review
Prepared and reviewed by: The Legal Team at Fursan Al Haq Law Firm & Legal Consultations
Publication date: 13 September 2026
Legal basis of this content: This article was reviewed with reference to Jordanian Personal Status Law No. 15 of 2019, particularly Article 155 concerning compensation for arbitrary divorce, together with official materials published by Jordan’s Supreme Judge Department concerning Personal Status Law and the Sharia Courts.
Official Sources
- Jordanian Personal Status Law No. 15 of 2019 – Supreme Judge Department
- Jordanian Personal Status Law – General Iftaa’ Department
- Judicial Principles of the Sharia Supreme Court – Supreme Judge Department
- Jurisdiction of the Sharia Courts in Personal Status Matters – Supreme Judge Department
Disclaimer
This content is provided for general legal information only and does not constitute legal advice for any individual case. Reading this article does not create a lawyer-client relationship. Entitlement to compensation and the amount awarded may vary according to the reason for the divorce, the evidence, the maintenance figure used for assessment, the husband’s financial circumstances, and any other rights relevant to the individual case.
