The Divorced Wife’s Right to Housing (its Legal and Sharia Basis and its Impact on the Iraqi Family)

Volume 6 , Issue 2 , August 2018 , Pages 588-618

Authors

Maryam Abd Tarsh 1

1 Department of Law - Yarmouk University College

DOI logo 10.17656/jlps.10141

Keywords

Abstract

Though, marital life in normal circumstances must be continuing in kindness and sentiment, but there may be disagreement between the spouses at any stage of their life and for many reasons. Thus, the family becomes unstable due to this controversy, which reflects the negative impact on society. As a result Islam allows divorce a suitable solution and to protect the right of the parties; husband, wife, and children. One of the most important rights that granted to the divorced wife is the right to housing as stipulated by the amended Law No. 77 in 1983, which guarantees the right of divorced wife to stay in the house or apartment, where she was living there with her husband independently. The aim behind this provision is to preserve this woman from homelessness. Despite having the lack in articles of this law, but it has serious and effective results in the preservation of society through the maintenance of this segment, namely the segment divorced women and then to protect their children as well.

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