تَوازن الحقوق بينَ الزَوجين ( دِراسة مُقارنة بالفقه الأسلامي )

A Comparative Study in Islamic Jurisprudence

Topic of balance between partners is considered one of the most important topic in family life. Woman and her issues and balancing of her right with the man are considered a new old dialectic issue that appeared in the past and still present up to our time due to the jurists’ different opinions since the personal issues law is a balanced concerning the partners’ rights from the legal perspective or it has no comparison with other personal issues law under scrutiny. Some jurists consider Iraqi personal issue law numbered 188 dated in 1959 tends to the wife on the account of the husband. Therefore, unbalance evokes troubles between the partners that threatens the marital status. Thus, the issue of rights balance has a great importance from the practical side that requires to be investigated. perhaps, the motif behind studying this topic may relate to rareness of the studies related to it, for we couldn’t find an independent research or a study that tackle rights balance between the partners separately; rather, there were researches dealt with particular parts of the wifehood rights, stating the position of the Iraqi legislator whether it was texted on the balance of the wifehood rights or not in comparison with the legislations concerned, and opinions of the Islamic jurisprudence that showed aspects of the balance in the rights the couples.
The research problem is implied in knowing if the Iraqi current personal issue law took care the issue of balance of right between husband and wife it is biased to one side on the account of the other. In addition to the amount of balance of rights and whether Iraqi legislator was successful in displaying this balance or he sent some issues that related to the husband’s rights on Islamic jurisprudence and explained in details to the wife’s right which is the core of our research.
The current study will also tackle limits of the balance of rights between husband and wife in the marital link and before its separation and stopping at cases of unbalance through the suggestions that achieve a typical balance and to be unbiased concerning the partners’ right without immoderation the study also showed places of agreements and differences Islamic Sharia, Iraqi legislative opinion and stating the predominant opinion with reference to the stand of Iraqi judiciary.
The study ended with conclusion containing the most important results and recommendations that were reached through writing this thesis.