Informal housing and its suitability under the right of divorced women to housing
Abstract
The problem of informal housing dates back to the beginnings of the twentieth century in which the rapid urban expansion of cities began with the concentration of government services in big cities and the emergence of many modern industries that lead to increased internal migration, referring to migration from the countryside to big cities in pursuit of employment opportunities, and as such most countries suffer from informal housing, and squatter areas spread in many developing countries.
This has become a phenomenon that spreads in most Iraqi cities to form belts surrounding the urban areas, which has caused very serious repercussions, some of which can be addressed, but most of the problems are difficult to address because they affected the civilizational structure of cities, and the slums have become a characteristic of Iraqi cities in the stage of urban transformation. It makes the distortions of Iraqi cities, which in turn have affected sustainable urban development directly and indirectly through slums conflict with the most important pillars of sustainable development, which is not inheriting problems for future generations.
Thus, to mitigate the severity of the separation , Islam grants women the right to stay at matrimonial home after divorce. This right is stated in Quran and sunnah. for social justice considerations of justice, the Iraqi legislator recognizes the right of divorced women, if she does not have a home to shelter after her divorce, the right to live in the marital home. However, this right can only be exercised if a divorced women requires to stay in the marital home before the court, but this inevitably requires that it does not cause any harm to others, whether they are public or private persons, so the Iraqi legislator baptized Legislating the law of the right of a divorced wife, p Residential under Law ( 77/1983) as amended by Law ( 2 / 1994) under certain conditions.
References
- Al-Dardeer, Abu Al-Barakat Ahmad Al-Dardeer Al-Maliki, The Little Explanation on the Nearest Paths to the Doctrine of Imam Malik, House of Scientific Books, Beirut, 1417 AH
- El-Sherbiny, Shams El-Din Mohamed Ibn Ahmed El-Khatib El-Sherbiny El-Shafei, singer in need of knowledge of the word curriculum, Dar Al-Kutub Al-Alami for Publishing, Cairo, 1994
- Ibn al-Mundhir al-Nisaburi, unanimity, Editting bu by al-Sagheer Ahmad bin Muhammad Hanif, al-Muslim Publishing House, without a year of publication.
- - Al-Zayla'i, Fakhr Al-Din Bin Othman Al-Zayla'i Al-Hanafi, The facts show an explanation of the treasure of the minutes, Islamic Books House, Cairo, 1313 AH.
- - Ibn Qudamah, Muwaffaq al-Din Abdullah bin Ahmed bin Muhammad al-Maqdisi al-Hanbali, al-Mughni, investigation by Dr. Abdullah bin Abdul Mohsen al-Turki, and others, The Books World for Publishing, Riyadh, 1417 AH.
- - Ibrahim Al-Mashhadi, the legal apprentice in the Court of Cassation, Personal Status Department, Asaad Press, Baghdad, 1989.
- - Ihssan Abbas Jasim, The Impact of Slums on Urban Sustainability, Suggested Planning Mechanisms for Development, an article published on the e-mail network on 3/25/2020. . https://www.iasj.net/iasj?func=fulltext&aId=117984
- - Iraqi Personal Status Law No. 188 of 1959, as amended.
- - Judicial Bulletin of Attorney Raad Tarish Obaid, No. 1, April 2007.
- - Hadi Aziz Ali, Legal Principles in the Judiciary of the Baghdad Court of Appeal in its discriminatory capacity, Law of Implementation, Al-Zaman Press, Baghdad, 1999 AD.
- Al-Shirazi, Ibrahim bin Ali bin Yousef Al-Shirazi Abu Ishaq, the polite in the jurisprudence of Imam Al-Shafii, Dar Al-Fekr for publishing, Beirut, without the year of publication
- Ibn Arafa El-Desouky, Mohamed Ibn Ahmed Ibn Arafa El-Desouky, footnote to El-Desouki on the great explanation Dar Al-Fikr for Publishing, Beirut, without a year of publication, c 2, p. 217.
- - Al-Sarkhasi, Muhammad Ibn Ahmad Ibn Sahl Al-Sarkhasi Al-Hanafi, Al-Mabsout, Dar Al-Maarefa Publishing, Beirut, 1398 AH.
- - Iraqi Real Estate Rent Law No. 87 of 1979 amended.
- - Judicial Magazine, a periodical issued by the Bar Association of Iraq, No. 1, 1997
- - Muslim, Ibn Al-Hajjaj Abu Al-Hussein Al-Qushairi Al-Nisaburi, Sahih Muslim, editing by by Muhammad Fouad Abdel-Baqi, Arab Heritage Revival House, Beirut, without publication year.
- - Orfali, Ali, Contemporary Industrial Security, Dar Al-Hashem Publishing, Beirut, without publication year.
- - Raffle Ibrahim Taleb and Shaima Razak Fadel, The Spatial Variation of Slums in the New Baghdad Municipal Unit, Research published in the Journal of Education for Girls, University of Baghdad, Volume 26 of the year 2015 AD.
- Al-Nawawi, Abu Zakaria Muhyiddin Yahya Sharaf Al-Nawawi Al-Shafii, Rawdat Al-Talebine and Mayor of Muftis, Islamic Publishing Office, Amman, 1412 AH.
- Al-Sewasi, Muhammad Bin Abdul Wahid Al-Sewasi Ibn Al-Hamam Al-Hanafi, Sharh Fateh Al-Qadir, Dar Al-Fikr, Beirut, 1365 AH.
- - Ismat Abdel-Majid Bakr, the right of a divorced wife to live, a research published in the Justice journal, a quarterly magazine issued by the Iraqi Ministry of Justice, first issue, year 1999 AD.
- - Orfali, Ali, Contemporary Industrial Security, Dar Al-Hashem Publishing, Beirut, without publication year.
- - The law of the divorced wife's right to housing No. 77 of 1983.
- - Al-Kasani, Bada'i Al-Sanaia in Arranging Sharia, Dar Al-Kitab Al-Arabi, Beirut, 1982.
- - Hassan Muhammad Hassan Zangana, Al-Ashaylit Residential, a study in the geography of cities, Al-Farahidi Publishing House, Baghdad, 2013.
- - Hassan Muhammad Hassan Zangana, Al-Ashaylit Residential, a study in the geography of cities, Al-Farahidi Publishing House, Baghdad, 2013.
- - Riad Mohamed, The Fabric of People in Place and Time and Their Problems in the Present and the Future. Al-Shorouk Publishing House, Cairo, 2001.
- - Abdullah Al-Ali Al-Naeem, random neighborhoods and their security implications, Cairo, 2004.
- - Judge Salam Ismail Zidan, Explanation of the Right to Divorced Wife Right to Residence No. (77) of 1983 as amended and its practical applications, Baghdad, 2nd edition, 2012 AD.
- Milad Hanna, the housing, the trap, the problem, and the solution.
- Fifth: Periodicals:
- First: hadiths, annotations and foundations:
- Fourth: Researchs and articles published in journals and the Internet:
- Hanafi fiqh:
- Hanbali jurisprudence:
- Holy Quran
- Maliki Fiqh:
- References
- Second: Islamic jurisprudence:
- Shafii jurisprudence:
- Sixth: Iraqi laws:
- Third: Contemporary jurisprudence and modern law: