Issues Arising from the Government Housing Ownership Document Between Spouses: An Analytical Study in Light of Islamic Jurisprudence and the Kuwaiti Housing Welfare Law

Abstract

Abstract:

This research aims to clarify the problems arising from the law of participation of the Kuwaiti wife in the document of ownership of the Kuwaiti government housing alternative, and solve them through the statement of jurisprudential and legal adaptation of the ownership document, and reveal the extent of the wife's eligibility In owning half of the document without participating in the financial costs, and a statement of jurisprudential adaptation and the legal position if it participates in bearing the material costs with the presentation of the most famous models of malicious lawsuits related to the government ownership document in the courts of Kuwait and its Sharia ruling, and the importance of the research lies in its relation to the stability of the Kuwaiti family and contribute to solving judicial problems in the courtrooms of Kuwait related to participation Finance between spouses, following the descriptive, analytical and inductive approach, and the research reached several results, most notably: proving the wife's right to the ownership document legally and legally, and that the jurisprudential adaptation of the ownership document is a sales contract subject to the terms and conditions of the seller predominantly of an administrative and organizational nature, and the right exercised by the assignee after the allocation and before the issuance of the document is a usufruct right - caused by permission Permissibility is subject to administrative and regulatory conditions and restrictions, and the jurisprudential adaptation of the wife's participation in bearing the costs of building the housing alternative varies according to what they agree on, as it may be a pure gift, a good loan, or compensation for owning a common share of the property.