الأحوال الشخصية المالية المتعلقة بالزوجين : دراسة لقانون الأحوال الشخصية العراقي مقارنة بالفقه الإسلامي /
This study endeavors to highlight the financial personal statute of the married people in relation to Iraqi family affairs. It advances a comparative juridical study coming up with a variety of opinions and trends to establish a comprehensive perception on how the Iraqi lawmaker has dealt with the I...
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| Format: | Thesis |
| Language: | Arabic |
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Gombak, Selangor :
Kulliyyah Ahmad Ibrahim lil-Huquq, al-Jami'ah al-Islamiyah al-'Alamiyah Maliziya,
2010
Kuala Lumpur : Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2010 |
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| Summary: | This study endeavors to highlight the financial personal statute of the married people in relation to Iraqi family affairs. It advances a comparative juridical study coming up with a variety of opinions and trends to establish a comprehensive perception on how the Iraqi lawmaker has dealt with the Islamic legal heritage and the bases He chose in making selections from a variety of Islamic legal schools while compiling the articles of the Iraqi Personal Statute. The study hinges upon a historical method to briefly record the history of Islamic legislation as developed in Iraq. It also follows a comparative analytical approach to highlight the general rules regulated by the Iraqi lawmaker and explains a variety of juridical opinions recorded in Islamic law to find out how the Iraqi law has done its selections in matters related to the financial status of the husband and wife. It finally provides argument and analysis and advances recommendations. It also suggests amendments in this regard to better meet the objectives of Shari'ah and materialize the interests of Iraqi families. The study uncovers some important findings. It concludes that the Iraqi Law of Personal Statute has abided by the principles of Shari'ah to a reasonable extent. However, this Law suits the needs of the current era and the Iraqi environment which is a multi-sectarian society. The Law is deemed to have a relative shortage of texts and articles regulating a variety of complicated family issues, particularly those related to financial status of the husband and wife, giving free will to the judges and their discretionary powers in courts. Furthermore, the promise made by the Iraqi lawmaker to adopt eclecticism as the tool of coping with a variety of Islamic legal schools and not be bound by any particular opinion of a particular school is palpable. The researcher, however, could observe a relative bias towards the Hanafi School in a variety of questions. The study finally comes up with some analytical critics and suggests some amendments and recommendations to better fill the existing lacunae while the intention is made for the revision of the Law. |
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| Item Description: | Abstract in English and Arabic. "Risalah muqaddimah li-nayl darjat al-dukturah fi al-qanun al-muqaran" -- On t.p. "رسالة مقدمة لنيل درجة الدكتوراه في القانون المقارن."--On title page. |
| Physical Description: | [xxix], 302 leaves: illustrations ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 248-278). |