The right of the waiting period of divorce to alimony and housing In Islamic Sharia and Iraqi Law

Abstract

The topic of the research revolves around the issue of alimony and housing for a woman who is in iddat after divorce, as housing is an urgent necessity for marriage, in which the spouses find comfort, tranquility and tranquility, and in which each of them can fulfill their worldly needs in a veil away from the eyes of people, The residence of the wife over her husband is obligatory, and this is by the agreement of the jurists, because God Almighty has made the residency of the divorced woman with her husband, so it is obligatory during the waiting period, and also the wife is not considered disobedient to her husband legally and legally if there is no legal residence prepared for her by the husband, And housing for the wife is part of the alimony that is obligatory for her on her husband, according to the jurists, Article (50) of the Iraqi Personal Status Law states that the divorced woman is entitled to maintenance in the waiting period, and Law No. (77) of 1983 stipulates the right of the divorced woman to reside even after the waiting period ends, Where the second article stipulates that the divorced wife has a residence for a period of three years and no allowance, It has the right to file a lawsuit with a lawsuit for divorce and separation, and it is not permissible to file a separate lawsuit to claim it, The court must rule on the right to housing if its conditions are met, and that the divorced woman’s right to housing for a period of three years is completely unfounded from a legal point of view.