The federal supreme court has ensured that the legislation of the divorce permission came as result of its legitimate requirements, pointing out that the abuse of the husband in the use of this permission requires compensation, indicating that this approach does not violate the principles of the provisions of Islam as it seeks justice within the family as it is the core of society.
The spokesman of the Court Ayas Al-Samouk stated that "the federal supreme court has been convened headed by the Judge Madhat Al-Mahmood, with the attendance of all the member judges, and considered a case where the plaintiff has litigate the Speaker of the Iraqi Council of Representatives/ being in this post".
Al-Samouk also add that "the plaintiff has challenged that the paragraph (3) of article (39) of the personal status law No.(188) for 1959 is unconstitutional".
He pointed out that "this paragraph stipulated that (if the husband divorces his wife and the court finds that the husband was abusive in her divorce, and that the wife has suffered harm as a result of that, under her request the court shall order the husband to pay compensation in proportion with his financial condition and the level of his abusive. Totally estimated but her alimony shall not exceed two years, in addition to her fixed rights ".
He cleared that "The plaintiff went on to say that the challenged text violates the stipulated provisions of Islam as it restricts the husband's right to divorce, which was legislated under the provisions of the Holy Qur'an".
The spokesman clear that "the defendant/ being in this post argued that the plaintiff did not specify the constitutional text that he claims that the challenged text violated. Moreover, the text does not prohibit the husband from divorcing his wife if the cause of the divorce is lawful, the compensation stipulated in this text is only with the arbitrary divorce".
He draw attention to that " After hearing the statements of the parties the court found that the subject of this case has already been adjudicated in many decisions like (95/federal/2014) on 2/12/2014, (113/federal/2014) on 21/4/2014, (9/federal/2015) on 4/5/2015, and (134 unified with 135/federal/2018) on 9/9/2018. Therefore this case is ruled by article (106) of the law of evidence No.(107) for 1979 as it already adjudicated in it".
Also "The Federal Supreme Court also confirmed that Islamic Sharia seeks to achieve justice in marital relations, since the family is the core of society and its safety leads to the safety and peace of society".
And that "The court found that even if the divorce was legislated by Sharia, but it was legislated for it legitimate requirements, and if the husband was arbitrarily he may have crossed the legal limits of divorce".
In addition "the Federal Supreme Court found that the jurisprudential maxim decided that the abuse in using the right requires compensation for the victim of this abuse, and this principle does not contradict with the stipulated provisions of Islam, but it agree with It".
based on the aforementioned the Federal Supreme Court has rejected the case as it already adjudicated in it, on the same ruling the court approved the right of the affected wife to the demand the compensation when divorced arbitrarily".