رؤية شرعية قانونية حول تعديلات برلمان إقليم كوردستان في النفقة الزوجية

الملخص EN

The legislator in the Kurdistan Region of Iraq made amendments on marital alimony articles, some of articles didn't need amendments.

then some of these amendments give raise and problems.

as obligating the wife to spend on herself and her family if she accepts.

Those amendment has a lot of flaws in view of sharia and law., and that it has no value.

The search talk about how the legislator broke the Iraqi legislator, making alimony a strong debt that does not fall except by payment or discharge, according to the majority of jurists.

The legislator made amendments on articles of disobedience "nushuz" and effect of this on marital alimony, it was noted that the view of the legislator of Kurdistan Region was contrary to the opinion of the majority of jurists, and he didn’t depend on legal evidence, he made disobedience a common case between each of spouses based on a Quranic text.

The legislator talked about effects of the absence, loss and imprisonment of husband on marital alimony.

So, he brought a new different view of Iraqi legislator, and obligated the Social Welfare Fund to spend on the wife in this case without making it a debt in the husband’s custody, and this was in our view a major imbalance that must Treat it.

It gives a big opportunity to spouses for fraud, so this amendment may impact on family relationship, as there is no relatives shall have obligation to spend on the married woman if her husband is absent contrary to point of Iraqi legislator.

It was noted that the legislator in the Kurdistan Region through his amendments wanted to advance the level of women and through wife responsibility also in amendments on disobedience "nushuz".