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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

The Rights of Collateral Relatives to Alimony: A Comparative Analytical Study between Islamic Jurisprudence and Iraqi Personal Status Law

Dilawer Aziz Khalil
Dr. Sarbast Qadir

Abstract

Collateral relatives are those who share a common ancestor without being direct descendants of one another (such as siblings, uncles, and their descendants). Collateral relatives are legally entitled to maintenance from their relatives, a right based on evidence from the Holy Quran, the Sunnah (Prophetic traditions), and scholarly consensus. Despite differing opinions among Islamic schools of thought on this matter, the Iraqi Personal Status Law No. (188) of 1959, as amended, adopts the Hanbali school's view, which mandates this maintenance. The law stipulates that the entitlement to maintenance for collateral relatives is contingent upon fulfilling the necessary legal and religious conditions, and it is obtained through the courts. When a court order is issued to impose maintenance on collateral relatives, its amount is determined according to the inheritance share of the person providing the maintenance from the person receiving it. This maintenance is calculated from the date of the court claim, unless there are grounds for its termination

الكلمات المفتاحية: maintenance, relatives, collaterals, legality of collateral maintenance, conditions.

اقرأ البحث

تحميل حقوق الأقارب الحواشي في النفقة دراسة تحليلية مقارنة بين الفقه الإسلامي وقانون الأحوال الشخصية العراقي (Arabic)

معلومات النشر

كيفية الاقتباس

Dilawer Aziz Khalil. "The Rights of Collateral Relatives to Alimony: A Comparative Analytical Study between Islamic Jurisprudence and Iraqi Personal Status Law ". College of Law, Sumer University, %2026.