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Intention in metaphorical divorce (a comparative jurisprudential study( | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 558-583 PDF (828.96 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.152107.1318 | ||
| Authors | ||
| ahmed mohammed siddiq* 1; Muhammad Abdel Wahab Abdel Rashid Al-Janabi Al-Janabi2 | ||
| 1Iraq / Kirkuk / University of Kirkuk / College of Law and Political Science | ||
| 2Kirkuk University/ College of Law and Political Science | ||
| Abstract | ||
| A metaphor is a word that is intended to have two meanings, not a single meaning. One of these two meanings indicates divorce. A metaphorical divorce is the husband’s expression of divorce using a metaphor, provided that the intention is present, such as the husband saying to his wife, “Go to your father’s house.” This word may have the meaning of divorce, but it may have the other meaning, which is permission to go out and the difference. In all of this, the decisive factor is the presence of intention. Given that many words and phrases are taken lightly by people and are dangerous in the issue of divorce, it was necessary to clarify them and point out them. Because they are customary terms and not legal ones that change from time to time in the same country, in addition to that they also change from one country to another. As a result of the lack of a legal legislative organization that regulates the issue of idiom divorce, the need necessitated referring to comparative laws in countries that have dealt with this issue, including Jordanian law, in order to adopt them. In comparison with Iraqi law, an organized legal solution will be developed to resolve the disputes that occurred. Among the solutions was to propose to the Iraqi legislator to amend Articles (34) and (38) of the Iraqi Personal Status Law No. 188 of 1959 by adding some necessary paragraphs to make them consistent with the customary terminology | ||
| Keywords | ||
| divorce; intention; metonymy | ||
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