التعويض عن الطلاق التعسفي في قانون الأحوال الشخصية العراقي : دراسة فقهية تقويمية /cإعداد، محمد عبد الرحمن أحمد لوتري
This study addresses the issue of compensation for arbitrary divorce in Iraqi Personal Status Law; this law has created many social and psychological problems for familes in its current stance. Consequently, this study aims to expose the concept of arbitrary divorce and compensation for it, clarifes...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
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Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2015
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/10395 |
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| Summary: | This study addresses the issue of compensation for arbitrary divorce in Iraqi Personal Status Law; this law has created many social and psychological problems for familes in its current stance. Consequently, this study aims to expose the concept of arbitrary divorce and compensation for it, clarifes the jurists' position on it and evaluates each cited legal material in the light of Islamic jurisprudence. The researcher has adopted the inductive approach, through extrapolating the main sources of the research materials embodied in the Iraqi law and books of jurisprudence. The study also adopted the analytical method by presenting the Iraqi law materials that deal with the subject on one hand, and mentioning the scholars' and jurists' statements and their evidence on the other. The study also discusses the foundations adopted by the legal materials, and evaluates them in the light of Islamic jurisprudence. Furthermore, the research applied a field approach by visiting some of the Iraqi Personal Status Courts to investigate the cases brought to compensate for arbitrary divorce where the court ruled in favur of compensation. On the basis of the study results, the researcher concludes that the idea of compensation for arbitrary divorce is a recent issue, developed by the Personal Status Law in the Muslim world as it was not addressed by scholars in ancient times. The reason lies in the fact that arbitrary divorce did not inflict significant damage on the wife due to the presence of polygamy then. This matter has been addressed by contemporary scholars based on their discretionary views (Ijtihad) in the absence of any Islamic legal text on it. The research determines the illegality of compensation for arbitrary divorce as stipulated presently in the Iraqi Personal Status Law because it result in considerable damage and corruption which outweigh the benefits that it is meant to generate. The right attitude would be to go back to enacting the system of divorce approved by the Sharia with its benefits instead of the compensatory system because it is the true and legitimate method to compensate for the damage caused by divorce and it realizes the intended objective of compensation in a more equitable way, including the preservation of the wife's dignity which may be affected before a compensation ruling. |
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| Physical Description: | [xii], 151 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 125-139). |