İslam Fıkhı ile Irak Medeni Hukuku açısından boşanma muamelelerinde kadın hakları

An ultimate & bitter reality is that the split between wife and husband is a common problem of the human society, even sometimes the both parties realise that being married together is either a mutual punishment and they compelled to terminate the husband-wife relationship. In such cases, what will be the right of a woman? This paper, firstly, envisages to answer this question, relying on the inductive approach in presenting each problem by mentioning the views of the four jurisprudential schools, and secondly comparing between it and the amended Iraqi Personal Status Law of 1959. According to the eventual outcomes of this paper, the wife of an Iraqi citizen has right to demand for divorce in such situations like presence or occurrence of a serious fault on her husband, such as infertility, Chronic disease or lack of conciliation between them and so on. Also, paper discusses sharia's provisions for a woman, like what could be the better way for a woman while facing the symptoms that occur in her marriage life and the rights that provided by sharia for her (even after Divorce) and how she demands for terminating this husband-wife relationship, simultaneously the current critical situation of a woman in the difficult circumstances has also been considered, through the suggestion of some amendments in the Iraq Personal Status Law, which will be useful for saving women from harms and assuring their rights. Because of many changes and challenges that being faced by the Iraqi society which causes for some legal gaps that obstruct the quick and full access to the rights for those who deserve it. Keeping in mind that these legal amendments could be made sometimes in accordance with the rule of the compound of the four schools of jurisprudence and other times. It would be in line with the doctrine of an individual jurist. The researcher also pointed out the laws that approved a legitimate ruling, perhaps a collective judgment, or one of the personal opinion of a jurist. That was appropriate for reality and did not propose amendment.