Women’s Right to Reproduction Between Legislation and Reality:

A Review of Article 136 of the Jordanian Personal Status Law

Zainab Zakaria Ali Ma’bdeh

Amnah Zakareyya Ali Ma'bdeh

 

Abstract: This recent development note examines women’s rights to reproduction as one of the core purposes of marriage in Islamic law and the Jordanian Personal Status Law, while also shedding light on Article 136, which governs requests for separation in cases of the husband’s infertility. This research highlights the significance of this right for women, as it directly impacts their physical and mental well-being and plays a vital role in promoting their personal stability and overall quality of life. This research offers a critical analysis of Article 136, considering legal and medical principles while highlighting certain shortcomings, such as having to wait five years before requesting separation, which could hinder the woman’s chances of reproducing at the perfect physiological age for her. This research also uncovers the absence of differentiation between temporary and permanent infertility and what results in unbalanced legal remedies that affect marital justice. This research summarises that the current Article 136 provides insufficient protection of women's reproduction rights since the waiting period required in cases of temporary infertility hinders the woman’s chances of reproduction, and the lack of distinction between temporary and permanent infertility leads to unjust legal remedies. This research recommends reducing the waiting period in cases of temporary infertility to just one year instead, giving the woman the right to ask for an annulment upon proving permanent infertility, and developing legal texts to align with medical and social advancements, ensuring a balance between the objectives of Shari’ah (Islamic law) and women’s rights.