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- Title
الخلع وأثره على الحضانة سلامي ة في الشريعة ا والقانون العراقي
- Authors
عمارعبد الحافظ عبد الكبيسى
- Abstract
This issue is of great importance because of the fact that it gives women the right to be deprived by removing what stifles them from a. marriage that does not benefit from staying in it, and because the bond of marriage is based on affection and compassion, and immunization of souls, and a pres - ervation of religion. The interest of Islamic Sharia in a wife by making her the right to divide her husband with her consent and asking her, while redeeming herself, provided that it should not be more than what was given to her in evidence saying قوله As for the increase then it is not. It is permissible for the husband to take the allowance offered by his wife in exchange for her salvation fromhim, provided that she is the one who hates her husband. Ruling on custody: one of the assumptions of sufficiency if there are multiple custodians; Because the cuddly may perish or damage to him if left without care and preservation, it must be freed and saved from perishing and spending on it. The custody has three rights attached to itrthe right of the custodian, the rightof custody, and the right of the father or his representative. If the mother divorces and does not marry, she has the right to custody, in accordance with his sayingr: ((You are entitled to it unless you are given up)). We see that the law was taken in the hands of children and out of concern for them to raise and protect them andnotdeprive them of motherhood, so he made custody of the mother and she has no right to give it up.
- Subjects
MARRIAGE licenses; WOMEN'S rights; MOTHERHOOD; DIVORCE; MARRIAGE; HOUSING subsidies
- Publication
Journal of College of The Great Imam University, 2020, Issue 33, Part 1, p1
- ISSN
1817-6674
- Publication type
Article