Praise be to God, we praise Him, we seek His help, we seek His forgiveness, and we seek refuge in God from the evils of ourselves and our bad deeds. . The marriage contract, like other contracts, gives rise to reciprocal rights and duties that bind both the husband and the wife, pursuant to the principle of balance, equivalence, and the equality of the parties to the contract on which every contract is based. . That is, women have rights over men similar to what men have over women, or that the basis for estimating these rights and duties is custom based on the nature of both men and women. The Iraqi Personal Status Law stipulates all the financial rights that the wife is entitled to from her husband: namely, the dowry and alimony. As for the non-financial or moral rights, such as justice and kindness in dealing, living in a kind manner, the wife’s obedience to her husband in a kind manner, and protecting the wife from all forms of harm and humiliation, the law does not address her, because she Ethical principles, some of which have been stipulated in the Holy Qur’an, and others in the Prophet’s Sunnah. We are talking here about the wife’s alimony, which is a financial effect of the effects of the marriage contract and a continuous obligation that falls on the husband throughout the survival of married life and even after it. Also, during the waiting period of divorce, and it is possible to say that it is the financial return that is the most of the obligations that the wife bears, if we do not say all of them, in addition to the non-financial return represented by the husband’s respect for her and his good relationship with her, and this is indicated by the texts of the Noble Qur’an and the Sunnah of the Prophet and the scholars unanimously agreed on it.
Receipt date: 2/2/2021 accepted date: 4/6/2021 Publication date: 12/31/2021
This work is licensed under a Creative Commons Attribution 4.0 International License.
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