Demolition shots comparative study

Al-Dabbagh, Amer Mustafa Ahmed Mustaf

doi:10.63677/jqlap.2024.184990

	Demolition shots comparative study
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 1, September 2024, Pages 539-556 PDF (439.86 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.184990
Author
Amer Mustafa Ahmed Mustaf Al-Dabbagh^*
College of Law / University of Mosul
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.
Keywords
three talaqs; less than three talaqs; return to the first; one or two talaqs with a new solution; the remaining talaqs

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