The husband’s discipline of his wife is a right prescribed by the Sharia, but it is conditioned discipline with conditions that make this discipline intended to preserve the family institution from disintegration and scattering, so the Islamic Sharia entrusted the husband, the guardian of the family, with the task of disciplining the disobedient and disobedient wife and deviating from the family’s values and constants of mutual respect and obedience in what is good. And a sense of responsibility. This discipline goes through three sequential stages, starting with exhortation and dialogue, passing through abandonment in the beds, and ending with beating. As for the sermon, it is a quiet dialogue followed by a threat of abandonment. As for desertion, it is desertion, either verbally or desertion from sexual intercourse, and desertion is only in the marital bed. As for the beating, it is a light, harmless beating, and it may be described as a moral and psychological beating. It is intended exclusively for reform, so it is not permissible to resort to any means of discipline unless it is intended to return the wife to the institution of the family and to live together in a decent life based on affection and respect. The Iraqi legislator adopted the opinion of Islamic jurisprudence in the Iraqi Penal Code and made discipline a right of the husband in Article 41 thereof. As for the legislator in the Kurdistan region, the wife was excluded from the discipline clause. It seems that what the legislator followed in the Iraqi Penal Code is more likely.
In order to get an idea about things closely, we should look at the role of social discipline
in the building of society from civilization cultural viewpoint. The real weigh of the societal
opinion is not measured by the number of its population or its area but the real value lies in its
civilization cultural accumulative experience inherited by the generations, which determine its
distinguished character. That is based upon the social construction in which the methods of
socialization and political, economic, cultural and religious stability and enhance the national
and ethical character of self-realization.
In this research, we try to give an analysis for the obstacles in political economic and
religious social
The issue of human rights occupies great importance on the academia as well as in the reality, especially after the spread of ideas related to these rights on one hand and the large number of violations they are exposed to on the other hand, which makes it necessary to develop fundamental solutions to the remove the obstacles of implementing human rights.
In this research entitled (The Legal Basis of the Right to the City: A Comparative Study) we dealt with a new concept of human rights and discussed the basis upon which it is based in international charters, constitutions and domestic laws.
The public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.
A careful reading of the judicial decisions reveals different meanings to the co
... Show MoreThe environment and the placesthat prince Faisal Bin AL-Husein influenced his childhood ,
behaviourand future . his expereence in his early life in leading the battles and
arabRevoluionenriched him . inspite of his short periedand harsh experience of leadersmp.
he gained an experienencein ruling iraqadter 1921 . The Syrian experiencetaught him how to
deal with the strong and establish the government as he beliered in the slogan: independence
is taken not given. He established the consititution and the election . he made a solid
basefeconomy of in his time, Iraq , Iraq be came the country number ( 53) as an
independency country on the third of November 1932 . he died peacefuliy after Iraq's
indepence.
God urged to read the Holy Qur’an and to ponder it is commanded, and the Most High said: That they ponder over His verses and that those with insights remember ().
And this book that God Almighty sent down to the heart of His Prophet, peace and blessings be upon him, is as clear as the sun and the moon.
It is a book of guidance and the constitution of a nation that is the best nation brought forth for mankind, and God has taken care of its preservation as He said: We have sent down the Remembrance, and we are its guardians.
This has been chosen for this topic (Luqman's commandments to his son) for what we see today in our time and society from the loss of morals and values and the neglect of parents to their chi
The study aims to reach a common point that achieves a balance between two interests, which are generally in conflict with the public interest and the interest of the individual owner of private property, by extrapolating the provisions of the constitutional judiciary that include the protection of private property, and this protection extends to every right of financial value and is not limited to a specific type, but It included everything that can be estimated with money, as ownership is no longer an advantage for the owner, but rather has become a right for him and a social function. The tax is imposed on what is derived from it, but if there is a need to prejudice it, the conditions, limits and restrictions expressly stipulated in the
... Show MoreIt has become certain that the achievement of the purpose of the contract as a general asset is not affected by the person or qualities of the contractors, but the matter depends on the content of the contract because the achievement of the purpose of the contract is equal and identical no matter how different the person of the contractor is, however, the purpose of the contract may be affected by a certain person or a certain quality, and thus the contract is not achieved by its content. This effect is known as the personal consideration which is a subjective issue, affecting the extent of transferring the contract effects to the successor, and then the achievement of the purpose of the contract depends on a certain person b
... Show MoreThe right of jurisdiction is one of the legal systems related to the guarantee, which aims to give the creditor a position that favors him over other creditors. Jurisdiction in bona fide is a consequential real right over the real estate subject of jurisdiction, enabling him to collect his right ahead of all other ordinary creditors and owners of ancillary real rights, from the price of the real estate or any money that replaces it, and in whatever hands it is.
The right of jurisdiction, like the ancillary rights in rem, provides confidence to the creditor through his jurisdiction with a special guarantee that encourages him to grant credit to the debtor, by giving him a sufficient period for fulfillment, which is reflected in th
... Show Moreاني ئاوات صالح عبد الله مواليد 1980 السليمانية حامل شهادة الدكتوراه في جامعة بغداد كلية العلوم الاسلامية قسم الشريعة تخصص الفقه مدرس في جامعة حلبجة