The jurisprudential basis for claiming dowry- A Comparative Study of the Iraqi Personal Status Law No. 118 of 1959 amended

Abstract

Social phenomena that pervade our Muslim societies are frequent divorces and the consequent lawsuits between spouses in order to fulfill their rights, including a demand of dower
In this research we will address the original sources of Islamic jurisprudents and the Iraqi law with regard to the individual - claim dowry - to fall on its legal and legal premises. The dowry is one of the causes of affection and mercy, and is sufficient for the woman's risk of reassurance and satisfaction with the man's safety, which is called by the Qur'an. This is sponsored by the sharia because of its impact on the construction of the family and its permanence This study aims at showing the concept and limits (the most important right of women in Islam is dowry.
The purpose of this study is to clarify the legal basis established by the fuqaha 'in salaam that the dowry and its limits should be paid to the woman and the state to claim it.
• Highlight the conditions of maturity of the dowry and the extent of the wife's ability to pay the husband