The Issue of Filing an Adultery Lawsuit between Islamic Jurisprudence and the Jordanian Penal Code No. (16) of 1960 and Its Amendments: A Comparative Jurisprudential Study

Abstract

The objective of this study is to examine the points at which the Jordanian Penal Code No. (16) of 1960 and its amendments diverge from Islamic jurisprudence with respect to the dismissal of adultery claims.
The researcher focused on outlining both the areas of consensus and disagreement among scholars, presenting their respective opinions along with the supporting evidence, analyzing these arguments, identifying the most persuasive views, and highlighting the aspects in which the Jordanian Penal Code contradicts Islamic jurisprudence.
The study adopts the inductive method, the analytical method, and the deductive method, through which it derives the legal defenses that may be invoked in response to an accusation of adultery.
The study reveals a fundamental divergence between Islamic jurisprudence and the Jordanian Penal Code regarding the dismissal of adultery claims.

The study is structured into three main sections:1. An introduction to the key terms and concepts;2. An exposition of the