حق الزوجة في التطليق لحبس الزوج في مواجهة حق الزوج المسجون في الخلوة الشرعية

Abstract EN

The marriage contract requires that the husband inhabitant of his wife and live with her, and this cohabitation may be interrupted in many cases, including the husband's ence with an excuse or otherwise, and since the husband's imprisonment is among the cases of ence and its divisions, Islamic Sharia and the positive laws permitted the wife to submit her matter to the judge and request the separation because she is harmed by the husband's imprisonment.

On the other hand, Islamic Sharia and positive laws permitted the imprisoned husband to meet with his wife in prison or to go out to her on a visit with the permission of the prison administration in what is called the prisoner's cojugal right.

The problem arises when these rights are guaranteed to both spouses by Islamic Sharia before positive laws, which is what we will discuss in this paper.