حق التفريق القضائي بمرض الجذام: دراسة مقارنة

Abstract EN

The judicial separation of leprosy is a prominent social issue today.

because it has a significant impact on the marital relationship in all its aspects, as well as much interest in Islamic jurisprudence in it, as it was dealt with in (the chapter on marriage / the option of disadvantage), and Islamic jurisprudence was divided between a supporter and a rejection of the right to judicial division of leprosy, as well as their difference in determining the right holder the choice of separation, some of them granted the option to separation the wife only and for certain diseases, while others gave him the option of separation for both spouses and for all diseases and each team has its own evidence.

although positive laws, including the Iraqi personal status law no (188) for the year 1959 amended the provisions for the judicial separation of leprosy and others, its organization was characterized by a kind of deficiency and ambiguity in dealing with this type of disease and other diseases for which medicine did not find a cure to now.