The Wife's Right in Juridical Residence

Year: 
2012
Discussion Committee: 
Dr. Marwan AL-kadoome/ supervisor
Dr. Khaled Qarqour/external examiner
Dr. Abdallah Abu-Wahdan/internal examiner
Supervisors: 
Dr. Marwan AL-kadoome
Authors: 
Mahmoud Kamees Hasan Mohamad Kamees
Abstract: 
The study aims at discussing the concept of the wife's right in having an independent juridical residence for her living and religious affairs . It has been shown the Islam has obligated the husband to provide a suitable residence for his wife with all comfortable accommodations without any obstacles in order to have the benefits from marriage. The study begins with the marriage contract ; its conditions and the effects of the rights ,either common rights or husband's ones , in addition to the wife's rights. It also shows that the independent juridical residence is one of the wife's right that the husband must provide. Moreover, the study clarifies that the item (37) of the Jordanian Personal Status Law in the juridical courts in West Bank declared that the husband must prepare the residence with all life facilities as possible for his wife where he inhabits or works. Also, item (66) calls that the residence for wife is a part of obligating expenditure for the wife that the husband must provide. The item also clarifies that the obedience case in the juridical courts is based upon providing a suitable residence prepared by the husband . The study concludes that there is no independence case formed in the juridical courts through which the wife could demand a legal residence except by alimony case in which the legislator consider that the legal residence is a part of this alimony.
Full Text: 
Pages Count: 
166
Status: 
Published