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The Financial Rights of Women after Divorce: A Comparative Study between Iraqi Personal Status Law & the Code of Sharia Rulings | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 31, Volume 17, Issue: 2 part 1, September 2026, Pages 673-698 PDF (605.95 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.170666.1583 | ||
| Author | ||
| Wiam Abdul Ali Hatem* | ||
| Lecturer of Personal Status Law - Department of Law / Sadr Al-Iraq Private University College - Baghdad | ||
| Abstract | ||
| The provisions of the marriage and divorce systems established by the Iraqi legislature in the Personal Status Law are linked to Islamic jurisprudence. The legislature adopted these provisions without adhering to any specific school of thought, while some segments of Iraqi society are keen to follow the teachings of Islam by adhering to the school of thought that guides them on matters of permissibility and prohibition. They are directed to adopt the opinions accepted by the jurisprudence of a particular school and its followers, excluding others. Consequently, differing opinions and approaches arise regarding financial matters resulting from the dissolution of marriage. The financial rights of a divorced woman, such as alimony, deferred dowry, and compensation for arbitrary divorce, will vary according to the obligations arising from these obligations under the teachings of each school of Islamic jurisprudence. This influence was most evident in the recent amendment to the Personal Status Law, Law No. (1) of 2025, which pertains to the Personal Status Code according to the Ja'fari Shi'a school of thought. This code regulates the provisions for marriage and divorce for those covered by its scope, drawing its rulings from Ja'fari Islamic jurisprudence. The financial matters related to divorce, which are the subject of this study, are sometimes regulated in a manner that differs from the approach of the existing Personal Status Law. This study aims to highlight the effects of this difference in approach to the financial rights granted to the wife between the existing law and the Sharia | ||
| Keywords | ||
| Marriage; Divorce; Alimony; Arbitrary Divorce; Deferred Dowry | ||
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