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التفريق بين الزوجين للسبب الاقتصادي ونوع الفرقة الواقعة به
https://doi.org/10.23918/ilic9.15
Keywords: Islamic jurisprudence, personal status law, separation between spouses, economic reason, type of separation.
PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law , Tishk International University
Date:27-28. February 2025
Venue: Kurdistan Region- Erbil, Iraq
ISBN: 979-8-9890269-3-7
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Shamal Fattah Hamad
Law Department, Faculty of law, political science, and administration, Soran University
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Abstract
The rate of separation between spouses has increased in our courts today for many and varied reasons. The economic reason and the husband’s failure to spend on his wife has occupied a place among those reasons, especially on a day like this, when the economic aspect affects people’s lives in general, while alimony has a direct relationship with the wife’s life and is inseparable from it. She has the right to obtain her share of the marital life that Sharia and the law have decided for her. When the husband refuses to pay alimony, the wife complains about her situation before the courts, and thus this matter may lead to separation between them and the end of their marital life.
Since the Iraqi Personal Status Law No. (188) of 1959 and its amendments considered separation due to the husband’s failure to provide for his wife a minor irrevocable divorce (i.e. the husband cannot return his wife without a new contract and dowry), while it is possible to make this type of separation a revocable divorce (i.e. the husband can return his wife during the waiting period without a new contract and dowry), and based on that, and after highlighting the most important factors behind the economic reasons for separation between spouses, this research works to make separation for those reasons a revocable divorce without making it a minor irrevocable divorce. If we rule that, then it is by the husband’s ability to manage his affairs during the period of return, and reconsider his actions, and thus provide for his wife after that and recover his marriage that was about to end. As for considering the divorce a minor irrevocable divorce, it means the dissolution of the marriage bond and its end, and the lack of hope for its continuation without a new contract and dowry.
There is no doubt that working to reduce the rate of separation is consistent with the principles and objectives of Islamic law, which enhance the continuity of marriage and avoid its interruption, and is in line with the directives of the Iraqi Personal Status Law and its amendments in supporting family stability and reducing its problems. Therefore, we suggest to the legislator that separation for economic reasons be considered a revocable divorce in the hope of preserving the marriage and preventing the family from disintegrating.
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