الرافدین للحقوق (Jun 2014)

Financial provisions of the wife

  • Yosra Waleed Ibrahim,
  • Habib Idriss Essa

DOI
https://doi.org/10.33899/alaw.2014.160751
Journal volume & issue
Vol. 19, no. 60
pp. 1 – 60

Abstract

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The Wife Financial disclosure defines as all she has from rights & financial obligations if was be existence in present time or n future. Financial disclosure cannot estimate by financial value but its elements can be estimated. wife Financial disclosure represented a general guarantee for all debaters, the legal and Islamic law scholars both of them met n requirement independent legal personality to tracing back the Financial disclosure to it. But both of them disagree in some points like in Islamic law the disclosure contains the financial and non financial duties and rights but in law the disclosure contain just financial duties & rights, in Islamic law the Financial disclosure starting with the debtor & ending with his financial funds but in law the disclosure starting in the debtor financial funds & ending with his personality. The Financial disclosure starting with the fetus in a restricted way when establishing to him such rights don’t need his acceptance. If the fetus born alive then will acquire full disclosure. When The wife death its disclosure will still till liquidate all his debts, the will executed & its legacy disrupted on his inheritors. At last the wife have independent disclosure like a male that's belong to the principle of equality between of them & for the principle of Honoring the Divine. The wife can acting in his financial funds without any restrictions if she was adult, rational & reasonable but prefer to asking her husband in some matters to saving the family unified.

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