التعديلات لقانون الاحوال الشخصية العراقي في اقليم كردستان : دراسة مقارنة بين الفقه والقانون == Amendments To The Iraqi Personal Status Law In The Kurdistan Region A Comparative Study ((Between Jurisprudence And Law))
Author name:
محسن جلال رشيد
Supervisor name:
زياد حمد عباس الصميدعي
General topic:
Islamic Sciences
Specific topic:
Comparative Fiqh
Degree:
Master
University:
Aliraqia University - College Of Sharia And Law
Language:
Arabic
University location:
Baghdad
First pages:
00T1567 - p.pdf
Abstract:
conclude this letter introduced the main findings and recommendations reached by the light of these results Older Bohmha as follows : 1 - The Personal Status Law comes the sense of : the provisions and principles and issues governing relations within the family, including provisions of the engagement and marriage, and dowry, alimony and duties towards their husbands, and divorce and to disperse justice between the spouses, including matters, some financial matters, inheritance, bequests, endowments. 2 - Returns the history of the Personal Status Law to almost five decades ago, where the history of codification of the law : to draw the Iraqi Justice Ministry tipped No. (560) on February 7, 1959 a committee to draft a code of personal status Astdmt its principles as agreed upon from the provisions of Islamic law and the Rageh of the provisions of Islamic jurisprudence and the views of scholars. 3 - This law has been modified more than (18) once we have the formal amendments to this Bhetwar Ikha at the top of the message there is no need to repeat. 4 - These amendments were repeated and successive came several reasons, including : change of political systems and governments, including : closing the gaps and completion of the shortcomings of the legislative, in some articles on the law, including : the addition of some material that would contribute to the achievement of social justice and define the rights and obligations arising from the marriage contract, including : maintaining the interest of an incapacitated person and the protection of maternity rights of the waste, including : keeping pace with the law to developments in jurisprudence and Chraeip which is regularly updated with the development of communities and Altcherat Legal them, including : addressing some of the social problems that may cause the law in its creation to its shortcomings or defects in the Mtonh. Including : the need to reconsider the terms of the law, including civilizational and cultural fit of Iraqi society. 5 - All legal provisions derived from the Koran and the Sunna will continue to be the fittest and best for the lives of individuals, families and communities, and any amendment sooner or later to undermine family life and destruction. 6 - the women's movement should not be biased in their submissions, but must be realistic and fair, Take into account the interests of all parties relevant subject, and there is a distribution of roles in a fair equitable and appropriate with the nature of mental and physical health for both spouses, and a way that ensures good education and an enabling environment. 7 - that any distinction between the provisions on men and women in Islamic law, but came into account to achieve justice and social integration so that each person who has completed the work of the other and orphaned. 8 - with the firm belief that the women in our societies East have suffered much injustice and Alidhad the name of religion, the religion of Islam is innocent of this, nor have any of the text of the Quran or the Sunnah of the dirt or diminution of women's rights and dignity, and this injustice was due to move away people religion, and the weakness of faith in the scruples and the soul, and people affected by the idiosyncrasies and tribal customs. 9 - The optimal treatment and the fundamental solution to the problems of women, and rights Alkadaya relationship between women and men can return to invoke the Law and the statement of the truth of these texts without intolerance or bias. 10 - experience has shown the political, social, economic, and ethical to blind imitation of the theories which may emerge in the West, and intolerance to ideas imported, without reference to Alosab and circumstances which gave rise to those theories and ideas, has brought us only destruction and ruin and corruption of receivables and ethics, and communist movements, the various good example to do so. 12 - The women's movements in Islamic societies if they pursued approach to tradition and simulation Mtheladtha In the West, Otmy to do so, they lose their effectiveness and credibility, they will move away from the problems of objectivity and realism of women in the communities in which they arise, and be their submissions not Aqieip but imported, so instead of to be dissolved Almkhakl have contributed to the problems. 13 - The ideas and theories that seek to put forward and reflected in our societies must be consistent and in line with the principles and values which, do not be contradictory to it as it is to amend the current law, they must each idea if it is to succeed to gain acceptance and support from the all segments of society, not by a particular class and only failed my power, whatever their source. The best conclude by this work is because the Prophet peace be upon him : (Glorified praise God and I bear witness that there is no god but You, I seek your forgiveness and I repent to you).
