النفقة الزوجية في الشريعة الإسلامية و قانون الأحوال الشخصية السوداني لسنة 1991م للمسلمين : دراسة مقارنة

الملخص EN

This study investigated the subject of spousal support in Islamic jurisdiction in the Sudanese personal status law of 1991 for Muslims.

The research problem is about the conflicts of married couples that have multiplied in recent times before Sharia courts in Sudan.

The number of divorced women who raise cases in court because of non-support is increasing.

The research came in four sections, each one is divided into subsections.

The study showed that spousal support is obligatory for wife once marriage contract is correct, whether she is young or old, living with him or with her family, had sex with her or not as long as she is content with the marriage.

The support includes food, clothing, residence, cosmetics and maid for those who cannot serve themselves and their kids, health care and all that she needs according to custom.

Moreover, the study found out that the spousal support is removed for the recalcitrant wife.

The support is estimated by sufficiency as the husband's revenue is considered.

It is compulsory for the working wives except if she goes out without the permission of her husband and that the latter is not abusive in letting her.

The research demonstrated that the personal status law's texts related to supporting the wife corresponds to Islamic Sharia and tend to positively discriminate women.