College of Law

Scientific Workshop on Abuse of Marital Rights,,,
Under the patronage of Professor Dr. Wahid Mahmoud Al-Ibrahimi, President of the University of Mosul, and under the supervision of Assistant Professor Dr. Wissam Nimat Ibrahim Al-Saadi, Dean of the College of Law, the Private Law Department at our college, in cooperation with the Continuing Education Unit, held a scientific workshop on Monday, December 2, 2024, entitled Abuse of Marital Rights, which began with a speech by Dr. Wissam Nimat Ibrahim Al-Saadi, who welcomed the honorable attendees at the beginning, appreciating the role of the Private Law Department and researchers in holding this workshop, which deals with a very important topic related to family and community life, praising the efforts made that culminated in holding this activity, which aims to clarify the marital rights of men and women, whether these rights are shared or specific to one of the spouses, with a statement of many cases of abuse by each of the spouses in using their rights towards the other. Then the scientific session began, which witnessed the presentation of a number of research papers that dealt with wife beating between prohibition and permissibility, explaining the concept of beating and the jurisprudential opinions related to it according to the linguistic meaning The Quranic meaning with a presentation of the permissibility and prohibition of beating according to the provisions of Islamic law and positive law. The workshop also referred to the husband’s arbitrariness in pronouncing divorce, stating that the family bond is based on affection and mercy, which is the origin, and the exception of pronouncing divorce, which the workshop explained its concept, cases and types, and provided an explanation of restricting the husband’s right to pronounce it from its release, with a review of jurisprudential opinions, legal procedures and objective standards for pronouncing divorce according to the provisions of Iraqi laws and legislation. The workshop also showed the extent of applying the theory of arbitrariness in the use of the right in personal status matters, where a detailed explanation was provided of the concept of arbitrariness in language, jurisprudence and terminology, with reference to khul’a, its forms, conditions, provisions and effects according to the provisions of Iraqi laws and legislation, and a comparison with addressing the arbitrariness in the use of the right of competence in marriage, with an explanation of the meaning of competence and the extent to which it can be considered a condition for marriage, as well as a review of cases of arbitrariness in the use of this right and legal treatments regarding it. The workshop also addressed the arbitrariness in the use of the right of custody, where this right was defined, which may be arbitrary. It has two aspects, financial and non-financial, its cases and the position of the law on it. The workshop also witnessed the attendance of researchers, academics, lecturers, those interested in legal affairs and students directing many questions about the topic of the workshop, which were answered in detail by those in charge of it. At the end, the Dean of the College distributed certificates of appreciation to the head and members of the preparatory committee and researchers in appreciation of their efforts in holding this activity, which comes within a series of scientific, research, cultural and student activities for our college during the current academic year 2024-2025.