التعويض بسبب التطليق بين التشريع و التطبيقات القضائية

Abstract

Through this study, we have reached the conclusion that the repudiation is that women resort to the judge to request the removal of the marital association, and the legislator has defined in article 53 of the above 10 cases which constitute a reason for the wife's request for a petition, so that the wife's right to divorce tends to be restricted. We have concluded through the study to understand the most important legal consequences of repudiation, which is to compensate, article 53 bis stipulates that "a judge may, in the case of a divorce, judge the divorced women for damages caused by it." The right of the wife to compensation as well as repudiation of damage is a legally recognized right, whether physical or moral damage. The judge is obliged to take good care to determine this compensation in matters of repudiation. The area of compensation for damage was subject to the authority of the judge, where he directed him to compensation cases and left the judge with broad authority to determine the compensability and the amount of compensation, and in the absence of criteria to guide the injury of the injured and to grant him fair compensation, he indicated that he would refer to all that did not provide To the provisions of Islamic law. As for the judge's assessment of the damage, she concluded that the injury was a personal matter subject to the judge's substantive authority, and that the Supreme Court had no control over his discretionary activity with respect to the assessment of the damage or whether the elements of the damage were considered to be matters of law that the judge should mention in the reasons M it is the subject of censorship by the Supreme Court.