التفريق للغيبة: دراسة فقهية معاصرة

Abstract EN

The research deals with the issue of separation due to the husband's absence for its extreme importance.

the case is an important issue that is considered one of the problems of the current era that occurred mostly because of wars.

the research includes a comprehensive doctrinal and legal treatment of this problem within the framework of the merits of the Iraqi law.

it shows the meaning of separation and the husband's absence.

meanwhile, it presents the absence cases, the duration of absence and the effects of them.

then, it presents the opinions of the jurists and the legal opinion in the separation due to the absence of the husband.

the research treatment includes, inter alia, that: 1.

the separation for the absence is the right of the wife who is harmed by her husband's absence.

2.

there is a connection between the absence and the missing person in that every missing person is absent, not every absent is missing.

there is a kind of similarity between the judgment of the absent and the missing person.

3.

linking the doctrinal opinion of the judicial separation with the legal opinion through a comparison way.

I ask Allah to grant success and acceptance.