السلطة التقديرية لقاضي الأحوال الشخصية نفقة طلاق التعسف : دراسة أصولية في الفقه الإسلامي و قانون الأحوال الشخصية العراقي

الملخص EN

The discretionary power is intended to leave the room for the judge to fully assess the situation and the interest in its full face and to achieve justice with commitment to the application of the law and between achieving justice and mandatory legal articles from the incident placed before the judge was the discretionary authority, but with the remaining part of the decision of the case dependent on the judge’s understanding of the incident and its ruling, so we find in a law Personal status is a mandate for the judge to have discretion in many of the places that I will present to it as a whole and I will stand at the expense of abuse in detail.

The Personal Status Law No.

188 of 1959 delegated to the judge a set of discretionary powers and powers that serve as an introduction to clarify the partnership between the judge’s understanding of the incident and the legal ruling on it and from the directions of the law that some of them require him to apply literally to the provisions of the law This partnership is called the discretionary power of the judge, and examples of what he is authorized by the Personal Status Law - if the man who divorces his wife is abusive, then here the law determines the judge has discretionary power to be convinced of arbitrariness and to determine the punishment for abuse of the right.

As for the one in which the opinions of the jurists did not multiply, it is his authorization to impose a ( monetary fine) on the man if the judge discovers that he divorces his wife arbitrarily, and it is called the expense of abuse.