The fundamental concept and its applications in alimony issues

Qasim, Walaa Mohammed; Ali, Hamid Sultan

doi:10.37651/aujlps.2024.146145.1165

	The fundamental concept and its applications in alimony issues
Journal of Anbar University for Law and Political Sciences
Article 61, Volume 14, Issue: 1 part 2, June 2024, Pages 1592-1633 PDF (998.65 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.146145.1165
Authors
Walaa Mohammed Qasim^* ; Hamid Sultan Ali
College of Law - University of Baghdad
Abstract
The concept has gained wide importance among scholars of jurisprudence and legal jurists, due to its importance in interpreting legal and legal texts and clarifying the ruling on issues not stipulated by the legislator. In order for the judge to be able to reach a solution to the incident before him, he must know what the fundamental concept is, in its two types: agreeing and disagreeing, and what are the conditions that must be met. To invoke them, and for the judge to be able to apply the opposing concept to the rulings that are silent about, it is necessary to ensure that certain restrictions are available in the legal texts that are operative in order to take into account the opposite of the issues that are silent about. Likewise, for the wife to be entitled to alimony, several specific conditions must be met in order for alimony to be due, such as the validity of the contract and the wife’s surrender of herself to her husband. And not to disturb it, However, the husband may procrastinate in providing alimony to his wife. In this case, she can raise her matter to the judge so that he in turn imposes alimony for her and she spends on herself. Therefore, we aim, through our research into the fundamentalist concept, to apply this concept to the legal texts related to alimony by examining the linguistic meaning of the words spoken, With it to communicate the hidden meaning.
Keywords
fundamentalist concept; meanings of texts; alimony; marital rights

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