The right of residence of a divorcee in Legal Systems of Iran, Iraq and Algeria

Document Type : Original Article

Authors

Shahid beheshti University

10.48308/jlr.2023.231368.2479

Abstract

The foundation of social life is the continuity and stability of family life. Stable families based on love, affection, and mutual respect bring about the stability of society. However, marriage bonds may be broken for any justified or unjustified reason.

In Iran, according to religious law and consequently Iranian legislation, divorce is not prohibited. However, it is possible for a husband divorce his wife for unreasonable reasons. Many women who become victims of their husband's authority during divorce and have been rejected from their homes. and face negative consequences, not only for themselves but also for their children and society as a whole. Finding preventive-supportive solutions for divorcee, based on various principles of the constitution, is a requirement. Referring to Quranic verses, traditions, and wisdom as valid reasons, the right to housing can be extracted in favor of divorcee.

In the Iraqi legal system, the Absolute Right of Residence is granted to divorcee under certain conditions for a period of 3 years. Similarly, Algerian legislation in family law provides support for divorcee who have custody of their children by ensuring housing or, if not possible, payment of rental fees by the husband.

Keywords



Articles in Press, Accepted Manuscript
Available Online from 07 November 2023
  • Receive Date: 26 April 2023
  • Revise Date: 23 July 2024
  • Accept Date: 07 November 2023