Abusing Right by the Husband Rights Arising from the Marriage Contract

Volume 6 , Issue 2 , August 2018 , Pages 274-301

Authors

Assist. Prof. Dr Adnan Hashem Jawad Al-Sharoufi 1 ; Aziza Khamis Sadiq 1

1 College of Law | Warith Al-Anbiyaa University/ College of Law Islamic University

DOI logo 10.17656/jlps.10131

Keywords

Abstract

Marital relationship is one of the most important human relations that have been in the interest of heavenly and positive legislation. God established this relationship on the basis of justice, charity and logic as stated in the Holy Quran. Commitment to the husband's good treatment with his wife and non-abuse of rights arising from the marriage contract is one of the most important moral obligations that fall upon the husband and is required to be followed by the husband, even if not mentioned in the contract as evidenced by Islamic law and comparative legislation, Imposed by the principles of law and Islamic religion, in accordance with the principle of parity and equality of contract parties in rights and obligations. and that the use of these rights must be in a manner commensurate with the principle of good faith and good cohabitation and honor of women as required by Islamic law and fixed rights in the laws of comparative personal status. However, the problem in the matter is that the Iraqi legislator did not specify criteria for the abuse of the husband in the use of his legitimate rights has left it to the specialists of researchers and judges refer to the general rules to adapt the facts as arbitrary or not.

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  • Published at2 August 2018

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