The residential right of the divorced wife

Abstract

Since the origin of the continuation of married life, but it may cause a dispute between the spouses at any stage of marriage can not continue the marital life, which leads to the collapse of the family, so Islam allowed divorce and since women are the most affected parties after divorce and differentiation, After divorce, the most important expenditure is the expense of housing, which is more important and necessary than the rest of the other expenses may remain divorced homeless after divorce or separation. Justice and social and humanitarian considerations requires that divorced women have the right to housing, which has its legal basis confirmed by the texts of the Koran And the prophetic traditions and the legal basis, which is represented by legal legislation and the texts of comparative laws, including Iraqi legislation, and this right conditions and restrictions must be committed by women so that they can enjoy this right.In order to clarify the aspects of this research, we found it appropriate to divide the research on the subject of the right of residence of the divorced wife to two subjects. In the first section, we discussed the concept of the housing rights of the divorced wife by distributing it to three demands. In the first demand, we define the right of housing and its legal and legal basis. For the divorced wife, but the third requirement, where we discussed the cases of deprivation of the right of housing, and the second section we devoted to the provisions of the right of housing for the divorced wife has addressed this issue to the demands of the first demand, including the obligations of the divorced wife and we have the second requirement to end the right to NiWe concluded by concluding with the most important conclusions and recommendations derived from this research.Key words The divorced wife: The divorced woman means divorce in the period of preparation.Housing right: The divorced wife has the right to demand that she remain in the marital home House or apartment: is the place occupied by the residence where the divorced wife demands to stay