مدى اعتبار المسكن العشوائي مسكنا شرعيا

Abstract EN

The residence that the husband has prepared on the territory of the state without her permission, to house his wife, is different in the extent of his legitimacy in terms of jurisprudence, legal and judicial, from the doctrinal point of view there are three views, the first is to prevent construction on the state’s lands without prior permission, and the second authorizes this without permission, and the third is permissible for necessity As for legally, the Iraqi legislator in terms of origin prevented the encroachment on the lands and obligated the competent authorities to remove the buildings, but at the same time he owned some of those who crossed these lands with a certain allowance, as he compensated others with sums of money in exchange for removing the excesses, either from the judicial point of view, it has The Iraqi judiciary considered the random housing as a legal residence for the wife's residence as a current situation, with the effects of the legal legal residence on the effects of marital rights.