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The Legitimate Loss of the Right to Retention Due to Reasons Attributed to the Husband | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 5, Volume 15, Issue: 2 part 1, September 2025, Pages 119-157 PDF (831.36 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.159669.1500 | ||
| Authors | ||
| Zahraa Tariq Hammoudi* ; Hameed Sultan Ali Al-Khalidi | ||
| University of Baghdad College of Law | ||
| Abstract | ||
| The right of retention is considered one of the most important rights granted to a husband over his wife under the marriage contract. This right is fulfilled when the wife surrenders herself to her husband either physically or symbolically, allowing him to enjoy her and gain all the legal effects of this retention. Therefore, if the wife fails to fulfill this obligation without a legitimate excuse—namely, the obligation of retention for her husband’s benefit—it results in harm to the husband and causes tension in the marital relationship. The right of retention serves as a tool to maintain balance in the marital relationship, contributing to the preservation of emotional and physical bonds. It also directly affects the wife’s right to alimony, as alimony is due to her in exchange for her fulfillment of the retention obligation for the husband’s benefit. However, if the wife forfeits the right of retention due to reasons attributable to the husband, her right to alimony is not forfeited, as such forfeiture is considered legitimate. For example, if the wife loses her right of retention because the husband failed to pay her due prompt dowry (mahr) before or after consummation, or if he failed to pay the due deferred dowry before or after consummation, this constitutes a legitimate reason. Similarly, if the wife forfeits her right of retention because the husband failed to provide a proper legal residence, such as a dwelling incompatible with their financial status | ||
| Keywords | ||
| legitimate loss of the right of retention; alimony; dowry; the dwelling; marital rights | ||
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