The Effect of the Passage of Time on Marital Alimony

Abstract

The passage of time after the marital alimony lawsuit is one of the most important issues that affect the life of the family from the financial aspect. Some of the jurists have decided that the right to marital alimony does not lapse and it is not acquired with the passage of time, whereas other jurists, and for certain considerations of it, are due to the stability of dealings among members of society.They decided that the owner of the right who   does not require his right in spite of the fact that he was able to do so for a specific period of time, is as evidence either that he had fulfilled his right or discharged the debt from it , so they lapse his action with the passage of time.After the extinction of this period, it is not permissible to hear the case, and by reference to the position of the Iraqi legislator, we find that the passage of time has generally been regulated in the civil law.   The passage of time on the marital alimony action and its impact was not regulated by a text in the Personal Status Law, whose legislature was limited to regulating the effect of the passage of time on the past alimony of wife. In this research, we will also clarify the position of the Arab legislations which dealt with the subject.