Document Type : Research Paper
Author
qom
Abstract
After the bankruptcy ruling is issued, the liquidation authority assumes the bankrupt’s financial rights and powers related to debt repayment. One of its responsibilities is to collect the bankrupt’s claims. Among these are the financial claims of the bankrupt’s spouse against the bankrupt, such as the dowry—including specified dowry (Mahr al-Musamma), equivalent dowry (Mahr al-Mithl), and deferred dowry (Mahr al-Mut’ah)—as well as maintenance (Nafaqah) and compensation for services (Ujr al-Mithl). Claims may also include property division if stipulated in the marriage contract or the return of gifts or redemption payments in cases of Khul‘ or Mubarat divorce.
It is necessary to examine whether the liquidation manager or authority is obligated to pursue these claims on behalf of the wife against the husband. While some of these rights have financial aspects, they are closely linked to personal status, limiting the possibility of representation by others. Furthermore, these rights relate to family matters, and their enforcement can impact marital relationships and family stability, which may raise doubts about their execution.
This article, using a descriptive-analytical approach and library research, concludes that the liquidation authority’s representation is acceptable for some of the wife’s claims against her husband, but not for others.
Keywords
- Bankruptcy
- bankrupt wife
- wife's claims
- limits of the powers of the liquidation office
- civil personality
Main Subjects
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