Sub-Agency in Islamic Jurisprudence, Iraqi Law

Abstract

This study deals with the extent of compensation for damages arising from the termination of the marital bond upon termination of this relationship, through the definition of marital abuse and how to prove it and the means of compensation for these damages and the right holder in order to provide the maximum levels of legal protection for the injured party, and define permissible damage  Divorce is everything that causes harm or pain to the wife’s body or herself or exposes her to death. Harm differs from abuse, and marital abuse differs naturally from domestic violence.  The husband also has the right to ask for divorce for the harm that makes it impossible to continue the relationship in a reasonable manner, and neither of them forfeits the right of either of them in that. It is sufficient for the occurrence of the harm to prove one of the forms by which the harm is achieved, even if the abuse is not repeated, and the harm must be proven by the victim or by arbitrators  How much can damage be proven with the authority of the criminal judgment, and there must be a causal relationship between the act of damages represented by marital abuse and the resulting harm, and the fault of the perpetrator of the harmful act is not required, which provides the greatest degree of protection for the injured as it  The proof of the harm and the causal relationship is implied without proving the wrongdoing of the victim, which is what is called the objective theory of harm. The researcher concluded that the wife, as a weak party in the relationship, has the right to the pleasure of divorce, even if it is an ordinary divorce.  Abuse if the abuse was from her and she asked for a differentiation for the damage, in addition to the fact that any of the spouses requested compensation for the damage as long as its elements are available in accordance with the rules of the harmful act, whatever the type of this harm is material or moral.  Compensation for the people of civil damages in our time between spouses due to the existence of financial partnerships between spouses in various projects, and the researcher also recommended easing the requirement of proof arising from the relations of spouse -

s because of its difficulty in practical terms