دعوى الرجوع إلى بيت الزوجية في الفقه الإسلامي والقانون الليبي

Abstract

The study  was  included in this research aims to consolidate the subject of  the claim of the wife’s return to the marital home, and to discuss the practical problems  related to it, whether those related to its two parties or related to its subject. An integrative approach was used to achieve this study, that  is made of inductive and analytical approach, The Noble Qur’an and the Prophetic hadiths, and the texts of Libyan legislation from Law 10/1984 A.D. regarding provisions relating to Libyan marriage and divorce and its amendments, the Law of Sharia Procedure, the Libyan Civil and Commercial Procedures Law, and the Libyan Penal Code. The study concluded with suggestions as follows: The necessity of spreading legal awareness of the rights of spouses through various media and social media, and using them to establish the meaning of marital obedience that is consistent with what is meant by the guardianship of men in the Holy Qur’an and the purified Sunnah of the Prophet, in order to get rid of outdated ideas in this matter. And activating the rehabilitation courses for spouses prior to forming families, and enlightening them about the duality of right and duty arising from the marriage contract. And make offer to amend the specific jurisdiction in the personal status articles by making the obedience suit or the demand for the wife’s return to the marital home within the jurisdiction of the Summary Court, similar to its jurisdiction in the case of divorce for damage in order to achieve the considerations arising from the wife’s resorting to the opposite means, which is the claim of divorce for damage and taking into account the considerations on which the relationship between the requests is based The multiplicity shown by the parties to the litigation - namely: saving time , expenses, avoiding the issuance of conflicting judgments and the proper course of justice