Distribution of Inherited Financial Wealth through Radd to One of the Spouses under the Jordanian Personal Status Laws No. 61 of 1976 and No. 15 of 2019

Abstract

The study addressed the issue of distributing inherited financial wealth through radd (return of the remaining estate) to one of the spouses under the Jordanian Personal Status Laws No. 61 of 1976 and No. 15 of 2019. The study adopted both the descriptive-analytical method and the comparative method. It concluded that both laws grant the surviving spouse a share of the acquired financial wealth under the rules of Islamic inheritance, with portions assigned either by fixed shares (fara'id) or by radd. Spousal inheritance is justified due to the causal marital relationship, and the researcher also found that the legislation of mutual inheritance between spouses stems from the fact that each spouse supports the other through life’s burdens. Since the deceased spouse’s estate may serve as the main means of support for the surviving family member, inheritance between spouses upholds the principle of mutual assistance in facing life’s hardships. Regarding the law in force in the West Bank, it grants the surviving spouse inheritance through radd only after fixed shares, agnatic heirs (‘asabah), and distant relatives (dhawū al-arḥām). This differs from Law No. 15 of 2019, which prioritizes the spouse’s radd inheritance before distant relatives, resulting in a change in the distribution of inheritance through radd compared to the arrangements in Law No. 61/1976. These findings are supported by detailed analyses and examples presented in this study, highlighting the differences in the nature of radd inheritance for the surviving spouse under both Jordanian Personal Status Laws. The originality of this study lies in its specialized treatment of the issue of radd inheritance for the surviving spouse, a topic rarely examined in depth within comparative jurisprudential and legal studies between the two laws (1976 and 2019).