The Impact of Sa'ayah (Spousal Contribution) and the Legal Nature of Financial Rights Between Spouses Upon Contract Termination

Abstract

The idea of ​​toil and endeavor and its relationship to the financial liability of the spouses during the contract and after its end with death or divorce is one of the problems facing the judiciary regarding joint funds that are acquired during marital life, for which there is no proof or spending that regulates these funds and this is only relied upon by the endowment of Islamic law, which emphasized the Independence of the financial assets of the spouses with regard to rights

Fixed by the contract, such as (dowry, alimony, dowry, and other fixed rights) Most Arab laws were based on this independence without specifying the fate of joint funds that were acquired during the marital relationship, sometimes through marital effort and effort, whether through the wife’s work in the public sector. Marital, whether through the wife’s work in the public sector as a teacher, doctor, or any other job. In the private sector, through the wife’s work with her husband in agriculture, livestock raising, or in buying or selling, in order to meet life’s circumstances and develop the family’s wealth. The Libyan legislator did not address, through the texts regulating the marriage contract, a solution to the problem of joint funds, which is usually without agreement, and about which most disputes between spouses are raised before the courts, whose rulings go to the general rules of proof and compensation regarding them, and this may lead to the loss of rights if they cannot be proven. According to the general rules.