Evidences of the insurrection of spouses in the jurisprudence of Imami , Hanafi and Iraqi law
Abstract
The recalcitrance of spouses is considered issue infestation in all societies, because it is social disagreements usually occurs between couples as a result of certain circumstances experienced by couples some of it are related to them as their morals and behaviors. Some are related to external factors, such as work and its governing circumstances on them and with the intervention of other people as families and friends. Islamic law in the legislation of Imami and Hanafi doctrine, and other doctrines the reasons of recalcitrance were diagnosed and treated according to texts of the sharia of Islamic Which obliged the spouses to respect the rights between them, and developed solutions in the event of recalcitrance from them or one of them, according to the Imami , Hanafi doctrine and Iraqi law according to al sharia of Islamic. For his part, the legal articles dealing with the issue of recalcitrance between spouses in the Personal Status Act No. 188 of 1969 Year, as well as article 41 of the Penal Code, stipulated that the spouses must not exceed each other by beating and disability as a result of his recalcitrance and encroachment on the other.
Downloads
Copyright (c) 2023 Misan Journal of Academic Studies
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
The copyright is also the copyright of the magazine only.
All articles published in our magazine are subject to license terms
Creative Commons Attribution(CC BY-NC-ND 4.0) This license permits the content to be reproduced, redistributed and reused in whole or in part for any purpose free of charge, without any permission from the author(s), researcher or student.
Works submitted to Maysan Journal of Academic Studies for publication in the journal (CC BY-NC-ND 4.0) license terms. Where available content can be shared, distributed and replicated provided there is no commercial profit and appropriate credit must be given to the original source through sources or citations. It is mandatory to review any material used from other sources including shapes, tables, and images for re-use under the terms of the Creative Commons License (CC BY-NC-ND 4.0).Provided that there is no modification to the original content
