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فسخ الزواج بخيار البلوغ واحكامه في الفقه الاسلامي والقانون الوضعي == Marriage Revocation With the Choice Of Growing Up And Its Rules In The Islamic Jurisprudence And The Positive Law

اسم المؤلف: سهير قيصر فارس
اسم المشرف: حسام عبد الواحد كاظم
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: قانون الاحوال الشخصية
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون الخاص
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The Islamic Shari'a (Law) has paid great attention to marriage bondage as one of the most important and most influential certificate in the life of the individual. In addition, it incurs a lot of terms and conditions due to what is legally permissible and impermissible. Among these terms is eligibility. In order to be a valid and effective certificate, it should be issued by an eligible authority as a general rule, though this rule is violated under certain circumstances as to marrying minors by their parents' consent. Such marriages certainly cause harm to minors. In order to achieve the desired goal of marriage, which is affection and compassion and consummation, which cannot be achieved unless the contract is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul) of the two parties as chaste and sane adults, having the ability to sign the contract with their free will. When the minors or one of them are unable to set up the contract by themselves but through their guardians(Walis), the contract, despite being correct, is not considered obligatory for lacking the term of the proposal of offer and acceptance of the minor who may have an opinion after passing puberty. Therefore minors under a certain trend of Islamic jurisprudence are entitled to give their opinion of the contract after reaching puberty, either to stay or terminate it. This right is called the "right of puberty".

وقف الحصة الشائعة واحكامه : دراسة مقارنة في الفقه الاسلامي والقانون الوضعي == WAQF OF COMMON SHARE AND ITS RULINGS COMPARATIVE STUDY

اسم المؤلف: مجيد محسن ناصر
اسم المشرف: حسام عبد الواحد كاظم
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: قانون الاحوال الشخصية
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون الخاص
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The Islamic law defines Waqf as a way of keeping things as it is and liberation of its benefit.Legally, it is defined as unilateral conduct for whoever in charge in waqf, whereas Muslim scholars permit waqf of the common share and transfer its property and partnership as a full - authorized ownership. On the other hand, Iraqi legislator does not regulate the waqf of common share. Moreover, Iraqi judicial has already issued the waqf of common share on the ground of general common rules. Nevertheless, Iraqi jurist allows the waqf of common share by any one of the partners.Therefore, to explain the value and importance of waqf, this thesis is going to be divided into three chapters. The first is dedicated to the meaning of common share's waqf; this is divided into two sections : the definition of waqf of common share, and the condition of waqf.The second chapter deals with the formation of the waqf of common share's contract and its modes. This chapter is divided into two sections; the first section is about the formation of the agreement of waqf, and the second section is about the modes of waqf of common share.The third chapter deals with the state of waqf of common share; hence, it is divided into two sections : the first explains the management of common share, while the second section explains the division of the common share that is partially kept.