The Extent of Obligation for the Husband to Divorce and its Conditions (A Comparative Study)

Abstract

Almkhala: consensual contract between the spouses to end the marriage in exchange for money paid by the wife,  and focused in this research two issues in terms of jurisprudence and legal:

The first issue: Description Alkhalaha: Muslim jurists and comparative laws differed in the description Alkhalaha some of them considered divorce ,Some of them considered the termination of the contract,

The Iraqi legislator considered it a divorce ,It is best to make it an independent system Because the provisions of Alkhalaha Different from the provisions of divorce and termination of the contract

The second issue: The extent of the obligation of the husband at mukhala'ah: The Muslim jurists and the different laws differed in the matter of obliging the husband to mukhala'ah Some of them said that the husband is not obliged to mukhala'ah Some of them said that the husband is obliged to mukhala'ah, While the Iraqi legislator does not oblige the husband to mukhalaha , The best husband is obliged