THE APPLICATION OF THE PRINCIPLE OF PUBLIC INTEREST (MASLAHA MURSALA) IN FAMILY RECONCILIATION OFFICE AGREEMENTS WITHIN JORDANIAN SHARIA COURTS: A FOCUS ON OBLIGATORY ALIMONY PROVISIONS

Abstract

This study aims to examine the extent to which the principle of Maslaha Mursala (public interest) is applied through the agreements of Family Reconciliation Offices within Jordanian Sharia Courts, particularly in matters related to obligatory alimony between ascendants and descendants. To achieve this objective, the researcher employed both the deductive and analytical methodologies. These approaches facilitated the examination of how Maslaha Mursala is integrated into the provisions of the Jordanian Personal Status Law and the agreements issued by Family Reconciliation Offices, as well as the extent to which these decisions align with the public interest.

The study reached several key findings, most notably: Maslaha Mursala is one of the most significant sources employed in deriving Sharia rulings, especially in contemporary issues lacking explicit textual evidence or established precedent. Moreover, the provisions of the Jordanian Personal Status Law and the agreements formulated by Family Reconciliation Offices in Sharia Courts have demonstrated a clear commitment to the higher objectives of Islamic law by safeguarding benefits and preventing harm, particularly in the domain of obligatory alimony between family members.