1. Rights of Internally Displaced Woman:
It means that the wife submits a request
to the court asking for a divorce due to
damage as it is impossible to proceed with
such marriage because her husband has
joined the terrorist groups. Procedures
are as follows:
1. Initiate procedures at the court of
investigation about the husbands’
enrollment in terrorist groups.
2. Petition to personal status court judge
asking for separation due to damage.
3. Authenticated copy of the procedures
initiated at the court of investigation.
4. Two witnesses to testify that the
husband has joined the terrorist groups.
*upon the issuance of separation ruling,
the wife is entitled to claim the deferred
dowry, she can claim the dowry if the
husband owns any kind of property
through submitting a request to impound
that property by the Execution
Department, and then to be sold in public
auction.
When a husband abandons his wife for two
years or more (provided the husband is not
missing), the wife could submit a request
to the court of personal status to get a
divorce due abandonment. Procedures are
as follows:
1. File a petition to the judge of the
personal status asking for a divorce due to
abandonment.
2. Two witnesses to testify that the
husband is not missing, and that he has
abandoned his wife for two years or more.
*upon issuance of separation ruling, the
wife is entitled to claim the deferred dowry,
she can claim the dowry if the husband
owns any kind of property through
submitting a request to impound that
property by the Execution Department, and
then to be sold in public auction, or notify
the husband if his residence is known
giving him a seven day term of notice to
pay the dowry or enforce the ruling (by
jailing).
When a husband leaves his wife and
children without alimony, the wife is
entitled to file alimony case. Procedures
are as follows:
1. File an alimony case against the
husband at the court of personal status.
2. Hearing two witnesses to testify about
the date the husband has the left the
wife, and about the husband’s financial
resources.
3. In case the husband is a civil servant, it
is possible for the court to address an
official letter to his agency he work for to
inquire about his salary.
4. The case would be referred to a judicial
expert to estimate the monthly alimony
(all kinds) for the wife and the children.
5. When the report of the judicial expert is
approved the court issues an alimony
ruling.
*the mother is entitled to request alimony
for her and her children if they are less
than 16, if more than 16, the children
should file an alimony case against their
father.
1. Damage-based Separation
Rights of Displaced Woman
Legal Clinic Network
Hotline: 22207770771
www.lcniq.org
info@lcniq.org
2. Abandonment-based Separation 3. Alimony
2. Registration at school
a. If parents exist:
Birth certificate paperwork is processed
at the personal status court to register
the child, procedures are as follows:
1. Marriage contract of the parents,
their official IDs, and request to issue
the birth certificate.
2. A stamp to be put on the child’s hand,
then child is sent to the forensics to
estimate his/her age.
3. Two witnesses, then birth certificate
is issued.
b. In case parents do not exist:
The wife initiates a case to prove line of
descent, procedures are as follows:
1. File a case at the court of personal
status to prove line of descent.
2. The court confirms marriage through
verifying the marriage contract or the
ruling authenticating the unregistered
marriage.
Under Democracy, Human Rights and Rule of Law-Advocate and Protect the Rights of IDPs
Addresses of Legal Clinics
3. Children are sent to forensics to
estimate their age, and to do the DNA
test when the court puts a stamp on the
hand of each child to be tested.
4. When DNA test results received
(matching), the judge issues a ruling
validating the line of descent of the child
to the father (the defendant).
If the husband does not exist:
Children’s paperwork (like school
registration or issuing civil status ID) to
be processed at all departments entails
that the father should be present, in
case the father does not exist, the
mother should have in hand a decision
approving her custody. Procedures are
as follows:
1. Refer to the court of personal status
to initiate a case against the husband to
approve the custody.
2. Two witnesses testifying that the
child is at the mother’s custody.
3. A decision approving the custody is
issued to empower the mother to
consult all departments without the
need for the father to be present.
In case the child has no birth certificate
In case the child has a birth certificate