The Oath of Maintenance for the Absent Wife: A Comparative Study in Civil Evidence

Abstract

Importance:- The importance of the study lies in its foundational role in protecting and preserving rights from loss. The importance of this oath stems from its being a legitimate and legal means enacted to protect the rights of the absent wife and her minor children from the absent husband. The absence or disappearance of the husband does not exempt him from maintenance, as it continues to haunt him wherever he goes .                                                                                                                                

Objectives:- Therefore, this study primarily aims to address the problems related to this oath. What is the legitimate and legal justification for issuing it? Is it actually enacted to protect rights from loss? What is its usefulness? Does the judge issue it without a request from anyone? Does the judge have the discretion to issue it? If the judge does not issue it, is his ruling subject to annulment?.                                           

Problem and Methodology:- This study aims to answer important questions stemming from hypotheses, the most prominent of which relate to the philosophy of this oath—the oath to support the absentee's wife. What is meant by this oath? What are its characteristics? What is the position of Islamic jurisprudence and laws on it? How does it differ from other oaths? What are the conditions for its implementation and its legal effects? We rely on a descriptive, deductive, analytical, and comparative research approach.                                                                                                            

In addition to the Iraqi Evidence, Civil Procedure, and Personal Status Law, there are the Egyptian Civil and Commercial Evidence Law, the Egyptian Personal Status Law, the Jordanian Personal Status Law, the Lebanese Family Rights Law, and the French Civil and Procedure Law.                                                                                                

Structure:- The research was divided into two sectionsThe first section: The nature of the maintenance oath and distinguishing it from what is suspected of it, in two sections: the first: The nature of the maintenance oath, and the second: Distinguishing the maintenance oath from what is suspected of it. The second section addressed the legal rules for the maintenance oath, in two sections: the first: The conditions of the maintenance oath, and the second: The effects resulting from the maintenance oath. There was a conclusion that included the results and recommendations.