Underage marriage in Imami and Hanafi jurisprudence and Iraqi law

Author:
Mustafa Ali Khudhair Al-Abedi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Hassan Mutahajid Askari
Advisor(s):
Abdul Muhammed Sharifat

Marriage, in general, is one of the things beloved by God, the Blessed and Exalted, but there are aspects in it that remain the subject of research for scholars. This is in regards to the marriage of minors, with the collection and verification of the legal authority for it, and this authority can be used to enact laws in the Iraqi state; Here lies the problem of the research in the misunderstanding of the issue of marriage of minors in terms of jurisprudence and legal and social custom based on ignorance and the impact of underage marriage on society in general and the family in particular and the spread of. Divorce is largely due to the girl’s inability to bear responsibility and the failure to register this marriage in Iraqi courts. The Iraqi legal system has stopped in many of these provisions; This is due to the lack of accurate reference to it in Islamic jurisprudence, and even if there are laws in Iraqi law, most of them are not consistent with what is found in Islamic law.Accordingly, the research focused on finding appropriate solutions to solve this basic problem and presenting it to the Iraqi codified when preparing the formulation of laws with those provisions. In it there is suspicion and error and a statement of the consequences of the marriage of minors in terms of jurisprudence and legal and finding ways to treat the effects through jurisprudence and law.This topic is very important. Because of the frequent affliction with it, the research has dealt with this subject despite the presence of previous studies that were not focused on the therapeutic aspect, such as the statement of the rule and controls of the marriage of minors, and it also contributes to enhancing the awareness of the individual and expanding his perceptions by clarifying the issues related to him to reach the correct understanding, raising forms What is contained in the Islamic Sharia for the marriage of minors by explaining the precise details related to such marriage, clarifying the Islamic view of this marriage through the advantages and disadvantages of its acceptance and non-acceptance.The research, by its nature, is an applied, deductive and deductive research by following the sayings of the jurists and their paths on the subject of marriage of minors, collecting information and linking between them and comparing the opinions of the jurists with careful consideration of weighting, to end up with important fruits that lead the student to know the nature of the provisions related to the marriage of minors in the Imami and Hanafi jurisprudence and the authentication of articles Iraqi law, in its most appropriate form with Sharia, now and in the future.