Legal Voids to Protect Women Breadwinners in Iraqi Legislation

Author:
Falah Abdulhasan Abed Alshihmani
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Reza Mohammadi Karaji

The phenomenon of female breadwinners is not new in human societies, but human existence has witnessed many situations in which the female breadwinner is left alone and manages herself, her families and herself. A new hurricane crisis in human society has negative effects not only on the family of the female breadwinner, but on society as a whole. Because the female breadwinner is the most dangerous social element that is subjected to harm, the effect of this phenomenon first affects the self and self-building, and then the impact of this situation on the whole society is manifested, and this phenomenon works to reduce it because the reasons for referring the female breadwinner to the family are different, although the main cause is the death of husband, leaving it behind, traveling, and eventually fleeing, at the same time, women also do not have the skills to start their own business after the head of the household is gone, and then they need to go back to a training program on environmental skills and industries for this category so that they are able to meet the needs of their children, and they will feel that they are a valuable asset in society that benefits everyone, and that the legal vacuum leaves an empty space for the judge to be able to inform the text in certain forms, behaviors that the legislator did not listen to during the preparation of the text and we called this mechanism b (legislative vacuum). And that the provisions of the penal code that prohibit the act or failure to do an act that would cause harm or a fundamental interest, the sharia decided that it must be protected by prohibition and punishment, within the framework of these rules, an area of ​​the legislative branch was created through which the judge could take certain measures that did not appear in the foreground while preparing the text, they often refer to many questions, in short, the scope of the legislative void is defined in terms of the positive rules of the law, as these rules are related to clearing and punishment, except that there is no text without guilt and punishment, which is what the legislator must leave a space of legislative judge to be able to overcome the problem of withholding the text he makes, and then put the text of the campaign a place for absorption. Some behaviors not mentioned by the legislature at the time this text was prepared.