ISSN: 2003-2222

Author : Haidar Hussein Kadhim, A..


Meaning the damage that leads to marital band Legal Study Compare Bacharaúa heavenly

A.. D. Makki Abdul Wahid; A.. Haidar Hussein Kadhim

Al-Bahith Journal, 2013, Volume 3, Issue 6, Pages 25-51

There is no doubt that the marriage contract is one of the most sublime and holiest contracts for the promise of building lofty for that family is the nucleus of society. As this decade tag eternal, but this does not mean stay or immortality permanent or eternal until the death of one spouse, so that the contract has been marred things Alaladh limits of survival, whether divorce is the husband, or dislocated agreed both spouses, or team signed by the judge at the request of one of the spouses.
What matters is the band marital signed by the judge, Its causes are many, but the most important of these, but causes what is known as the harm to one spouse by the other, so that the damage while remaining unable to continue married life but is a glass at the heart of this relationship merges feelings of hatred towards the other particularly affected by it.
As the differentiation of the damage is in dispute between the Muslim jurists regarding passport differentiate because of whether or not among those authorizing and prevent, the attitude legislation situation, especially Arab, which went to the passport seekers him that differed in a statement the party that grants the right to ask for a separation between those who give husband and wife together and between of Ikzaretha wife only on the grounds that the husband his infallibility and thus divorce.
There is no doubt that the statement meaning harm, whether physical or moral, which gives the right to request the team either the husband or wife of importance requires search for him, so that the damage is a matter of relative varies between people and times and even between nations.
The research in this topic raises several questions, including what the concept of the damage? What is? What is the distinction between differentiation of the damage and differentiation of contention? What are the conditions to differentiate the damage?
And we will try to answer in this search for these questions comparative manner between the divine laws of the face, and between Iraqi law, Egyptian and Jordanian other hand with a position statement Western legislation as much as possible.
Therefore, we will divide these two principal study in two sections: the first dealing in which the concept of damage that leads to marital band, and the second touching to the terms of the damage that leads to marital band. And we will cite his ring to the most important results and proposals that could be reached.