Non-financial personal status matters model)) A comparative study in the Civil Evidence Law and the Iraqi Personal Status Law

Abstract

Abstract: In positive law and Islamic jurisprudence, testimony has an essential role in civil proof. It is an important means of proving rights and protecting them from loss. For the validity and legitimacy of testimony, it has its own provisions, rules, and conditions that must be observed in order for it to be valid and considered, especially the condition of maleness, as it is required that witnesses be male in most mattersDue to the importance of women’s testimony in matters of civil proof, especially non-financial personal status mattersThere are many problems regarding the extent to which it is permissible to rely on it and the extent of its validity and validity in proof. We have explained in this research an explanation of its concept and highlighted those problems that obstruct theIn order to shed light on the problems of women’s testimony in matters of civil proof, especially “non-financial personal status matters,” in light of the jurisprudential differences and the position of the effective Iraqi personal status law and the Iraqi Evidence Law, especially since the legislative deficiency in both laws is clear in the absence of a text regulating women’s testimony and no quorum. This testimony, especially since there are cases that men do not know about, makes it difficult to prove There is no doubt that this is considered a deficiency in the legislation that must be remedied by trying to find recommendations that contribute to filling the gaps that marred its regulation. We have chosen toresearch this topic.