Philosophical foundations for formulating personal status law
Keywords:
Arbitrariness, Control measures, RestrictiAbstract
Abstract: The philosophical foundations of personal status issues are evident in their first and most important interest in building the family in its new era, ensuring the stability of the situation within it while guaranteeing the rights of both spouses. The foundations of general philosophy have been fully taken into account in personal status issues that have not undergone any change or the occurrence of catastrophes and developments, As for the issues to which some catastrophes and developments occurred that were not discussed before, here private philosophy did not stand idly by. On the contrary, we find that this philosophy worked hard to keep pace with these developments and changes within society and the family in particular, This philosophy worked to address sensitive and important issues related to personal status in a logical and rational manner that serves the interests of the individual and society without violating the provisions of Sharia, exceeding them, moving away from them, or deliberately ignoring them. Although the philosophy of law is interested in keeping up with most developments, it turns a blind eye to some of the developments and calamities, therefore. In the course of this research, we explained these developments and proposed legislative texts for them.Downloads
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2024-01-01
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تنشر مجلة جامعة تكريت للحقوق جميع المقالات بنظام الوصول المفتوح الفوري وفق رخصة المشاع الإبداعي نَسب المُصنَّف 4.0 الدولية (CC BY 4.0). يحتفظ المؤلفون بحقوق النشر، ويجوز للآخرين مشاركة العمل وتكييفه بشرط الإسناد الصحيح للمؤلف والمجلة وبيان أي تغييرات.