الوسائل القانونية، النشوز، الزوج، القانون العراقي، القانون الإيراني. Legal means of proving marital disobedience

Abstract

This research aims to clarify the concept of marital discord (nushuz) and its legal and jurisprudential forms, and to reveal the evidentiary means that a wife can rely on to prove her husband's breach of his marital obligations, whether related to personal rights such as good treatment, housing, and abandonment, or financial rights such as maintenance and dowry. It also examines the adequacy of the legal framework in both Iraq and Iran in providing the necessary protection for the affected wife. The importance of this research stems from the connection between marital discord and family stability, achieving a balance between the rights of spouses, and the crucial role of judicial evidence in protecting rights and preventing the abuse of marital authority. The study employs a descriptive-analytical approach by analyzing the legal texts regulating marital relations in Iraqi and Iranian law, and a comparative approach to identify points of agreement and difference between the two legal systems. Furthermore, it draws upon relevant jurisprudential opinions and judicial applications. The study reached several conclusions, most notably that both Iraqi and Iranian law recognize a wife's right to address marital discord. However, Iraqi law addresses this issue through scattered provisions related to harm, abandonment, and failure to provide financial support, while Iranian law relies more heavily on concepts from Imami jurisprudence, particularly hardship and difficulty. The study also revealed that proving marital discord relies on various means, such as testimony, documents, circumstantial evidence, and reports. Strengthening legal protection requires a clearer definition of marital discord and the development of methods of proof to ensure justice and maintain family stability.