ضوابط الاختلاف حول الأموال المشتركة بين الزوجين وآثاره

Controls of disagreement about the money shared between spouses and its effects

Abstract

There is no doubt that the marital rights between the spouses stemming from this sacred covenant vary between purely material rights and moral rights that include both spouses, and among these rights are funds related to the Muslim family, which arose with this construction and the sacred covenant, the provisions of Islamic law have preserved the rights of The financial wife imposed her dowry, and obliged the husband to support and accommodation for the wife. Taking care of her and maintaining herself and her body, and through this financial care for the rights of the wife and the woman’s enjoyment of financial responsibility independent of the husband, the common money between the two spouses may arise through the course of life between them, and it is known that the marital contract in Islam ends with one of only two: divorce or death, and so on. They have implications for joint funds; From here comes the importance of this study to solve the problem of disagreement over joint funds.

the importance of studying .

The shared money between the spouses is of great importance in the stability of the family and the building of society. Therefore, attention must be paid to the reality of the joint money, how it is managed, and the controls that govern it when disagreeing, so that the financial rights of both spouses are not lost. Which may negatively affect the stability and development of society.

Objectives of the study :

The study seeks to achieve a set of goals that would achieve balance in the issue of joint funds, and among these goals.

1- Attempting to find an accurate definition of the shared property between spouses

2- Establishing rules and controls for dealing in joint funds

3- A statement of the legal adjustment of the joint property of the spouses

Research questions :

Several questions revolve around this problem, including the following.

1- If the marital contract occurred and ended, then what is the fate of the common property between the spouses?

2- What is the matter if a dispute occurs between the spouses about this money?

3- What are the controls that can be referred to when the difference occurs?

Through this research paper, we try to answer these questions in order to arrive at a legal adaptation to the problem of disagreement about the joint money between the spouses, and to explain the implications of that. By studying this topic in the following pages.