The Impact of the Husband’s Absence in a Marital Dispute and the Claim for the Deferred Dowry in the Jordanian Sharia Court

Marital disputes, particularly cases of conflict and discord between spouses, are among the most common cases addressed in Sharia courts. The absence of one party has significant legal implications concerning the rights of spouses and the dowry.

The Effect of the Defendant’s Absence in a Marital Dispute

If the husband, as the defendant, does not attend the sessions of the marital dispute, he loses the right to defend himself, question witnesses, and participate in reconciliation procedures. He also loses the right to state the reasons for the conflict during the arbitrators’ session. Consequently, the arbitrators will only hear the claimant or any other person they deem appropriate, which may affect the determination of the degree of fault between the spouses, upon which the compensation in the marital dispute is based.

Determining Responsibility for the Dowry According to the Degree of Fault

The dowry is determined based on the report of the arbitrators, which specifies the degree of fault and the causes of the conflict between the spouses.

• If it is proven that the fault is entirely on one party, whether the husband or wife, the court may grant separation without affecting the marital rights, and the affected party has the right to claim these rights through a separate lawsuit.
• If the fault is shared between both parties, the arbitrators may decide on separation with a reduction in the dowry and its entitlements according to the proportion of each party’s fault.

Ruling on the Claim for the Deferred Dowry

The claim for the deferred dowry is adjudicated when the case is ready for judgment and no appeal has been filed. The judge issues the ruling in this case based on the submitted evidence and the legal status of the case.

Source: Guide for the Inquirer on Key Issues in Sharia Courts – Sharia Judge Dr. Mahmoud Abu Roman, Appellate Decision No. 82979 dated 19-1-2012.