Effect of dissolution of marital association on the eligibility granted to the spouse

Abstract

Praise be to Allaah Who gave everything He created and then guided and prayed to His Messenger Muhammad Muhammad Al-Mustapha and on his pure family the ship of salvation in the sea of rebellion and on his good companions elected as the best example of those who followed,
The jurisprudents of the law and the law gave great importance to the provisions of civil rights, and the aim was to safeguard the rights of the individual and ensure his interests. What is this eligibility and what kind? . One of the important issues in this subject is the eligibility required to hold a marriage in both Islamic jurisprudence and Iraqi law and the effects of this capacity. The minor has a special need to create a special system that meets this need The system of permission in marriage, which is one of the pillars of eligibility, which takes the hand of the individual moving from the age stage can not be able to act independently to the stage of maturity and complete maturity where he takes the order himself. Thus, the transition from the first of these two phases: - The stage of discrimination, which is the origin of eligibility to the other stage is the stage of adulthood is not a single breakthrough, but is gradually qualifies the individual and guides under the auspices of a legal organization to ensure the success of this gradation. But the important question raised in What is the effect of the expiry of marital status, whether by death or divorce on the eligibility of the minor married and on the actions done by him during the marital life? Here the scholars differed and there was no solution in Iraqi law.