أحكام زوجة المفقود في ضوء وسائل التقنية الحديث في القانون العراقي دراسة مقارنة

Abstract

According to the importance of Judgments related to women who missed her husband in the light of advanced technology, the researcher has selected his research title to be (Judgment of wife of missing husband on the light of advanced technologies, a comparative study to Iraqi law). The researcher divided the research into fives Chapters including the conclusion The researcher discussed theoretical framework in which he mentioned the research problem, significance of the study, objectives of the study, questionnaire, research hypothesis, methodologies, research limitations, tools, terminology and literature review. The researcher also highlighted the reality of missing husband, and reason of missing in war and peace status according to Sharia and Iraqi law. Not only that, but also identifying what is absent husband compared to missed one. The researcher pointed to the most important means of technology like telephones, radio, T.V., Satellite, internet, fingerprint and its role in discovering the missed husband and identifying relatives and its status in both Sharia and Iraqi law. he researcher discussed status of missing husband and impact of technology on discovering the same and cases in which missed period is finished, and how to proof the death and life of the missing husband in the context of advanced technology. The researcher also focused on status of wife of missed husband and the period through which the wife of the missed husband has to wait, and request of divorce as a result of Alimony. The researcher also stated the situation in which separation is made as a result of husband missing, impact of judgment of missing on the dowry and heritage of his wife. The researcher discussed the situations in which the missed husband appeared alive after or before the second husband entered to his former wife and the impact of this on relatives money. The researcher concluded with a number of results and recommendations most important of which: application of advanced technology in discovering missing husbands will not contradict with Sharia law, it plays a vital role in prompt discover to missing husband identity. And that the wife of the missing husband has the right to breach the marriage contract concluded between her and her missing husband as a result of failure to pay daily living. In addition to the necessity of using advanced technology, traditional means and personal one to investigate and integrate the whereabouts of the missing husband.