Demolition shots comparative study

The wise lawgiver of the husband has three divorces over his wife, which are reduced until they are fulfilled by three. If they are fulfilled and then she returns in a legal manner to her first husband, the ownership is restored. However, if the husband divorces his wife one or two divorces and then she returns to her first husband, then before or after a husband who has not consummated the marriage with her, she returns with the remainder by consensus. If the second husband consummated the marriage with her and then she returned to the first husband, then the jurists differed regarding what she should return to the first husband, whether she should return with a new divorce or with the remaining divorces. This matter has not been addressed in the Iraqi Personal Status Law, and the prevailing reality in practice is that every contract after recidivism includes a new solution, and this is something that needs to be done. To clarify the legal position on this issue in order to reach a clear legal text that addresses this issue. Because it is one of the hisba issues related to permissibility and prohibition.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2024-09-01
DOI
https://doi.org/10.63677/jqlap.2024.184990
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Demolition shots comparative study

Amer Mustafa Ahmed Mustaf Al-Dabbagh
AL-Qadisiya Journal For Law and Political Sciences
Marriage and Family Dynamics
article

Demolition shots comparative study

Amer Mustafa Ahmed Mustaf Al-Dabbagh
article en

Abstract

The wise lawgiver of the husband has three divorces over his wife, which are reduced until they are fulfilled by three. If they are fulfilled and then she returns in a legal manner to her first husband, the ownership is restored. However, if the husband divorces his wife one or two divorces and then she returns to her first husband, then before or after a husband who has not consummated the marriage with her, she returns with the remainder by consensus. If the second husband consummated the marriage with her and then she returned to the first husband, then the jurists differed regarding what she should return to the first husband, whether she should return with a new divorce or with the remaining divorces. This matter has not been addressed in the Iraqi Personal Status Law, and the prevailing reality in practice is that every contract after recidivism includes a new solution, and this is something that needs to be done. To clarify the legal position on this issue in order to reach a clear legal text that addresses this issue. Because it is one of the hisba issues related to permissibility and prohibition.

AL-Qadisiya Journal For Law and Political SciencesVol. 15(Issue: 2 part 1)
University of Mosul (IQ), College of Law (LV)
Gender equality
Openalex Percentile: Top 22%
Marriage and Family Dynamics
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