Jurisprudential Principles of the Family’s Strength in Imami Jurisprudence and its Place in the Iraqi and Jordanian Constitutions
- Author:
- Aysar Jawad Kadhim Al-Magsoosi
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Saeed Mahjoub
The issue of ensuring the family’s position, rights and strength in the common law and Imamate jurisprudence is of great importance, and to preserve the family, ensure its continuity, and revive its rights in general and the rights of women and children in particular. In Imami jurisprudence and its place in Iraqi and Jordanian law? And to put the supposed solution and answer this question, it was necessary to develop a plan that would meet this purpose, and surround the subject with all its sides. The first chapter was entitled (Concepts and Colleges), in which we dealt with the concepts of jurisprudence principles and the family and their strength from multiple aspects such as the social, legal and Islamic perspective, followed by the second chapter, which He touched on the statement of the jurisprudential principles of family strength in the Imami jurisprudence, in which we dealt with the good choice of the partner according to religious and logical criteria, the issue of guardianship and advocacy in marriage, as well as dealing with the dowry and its provisions, and the rights of spouses and parents in the view of Islam. And the importance of this research is to show the status and power of the family in the Imami school and the general law represented in the Iraqi and Jordanian law and to remove the deficiency and ambiguity surrounding the family’s status and rights in the public law. The Muslim family did not deal with it in a specific and broader way. For this reason, we have touched upon the inclusion of jurisprudential and legal principles in a more accurate and comprehensive manner. The research in this research followed the descriptive approach, by reviewing the theoretical literature and previous studies that dealt with both Iraqi and Jordanian law and the analytical approach through a statement and analysis Legislation, laws, and constitutional articles on this subject, in addition to the general comparison method between the laws of Iraq and Jordan and a statement of what is included in the legislation and constitutions of both countries.