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Research -47- ILIC 2022
ولاية الأم في الزواج في قانون الأحوال الشخصية العراقي المعدل في إقليم كوردستان العراق
دراسة فقهية تقويمية
Keywords: guardianship, mother, marriage, Islamic jurisprudence, law, personal status.
Journal of college of law
For legal and political sciences
Volume (11) ISSN: 2226-4582 AIF: 08
Faculty of Law / Tishk International University
Date: 22-23, December 2022
Venue: Kurdistan Region- Erbil
Asst. Prof. Dr. Mohammed Shakr Mohammed Salh Cito
Asst. Prof. Dr. Ardawan Mustafa Ismael
Salahaddin University-College of Islamic Sciences-Erbil
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Abstract
Marriage is the first building block for the foundation of the family, and the most important step for building society, so religions, philosophies and man-made legislations took care of it. However, marriage in Islam occupies a distinguished position, for its foundation, stability, permanence and survival. This research comes to address an important issue of the foundation of marriage, namely: guardianship in marriage. The importance of this topic comes from the fact that guardianship is one of the conditions for the validity of marriage in Islamic jurisprudence (the majority except the Hanafis). This is because the wisdom of guardianship over women is to take care of the woman and investigate the truth and morals of the suitor. Although guardianship in the jurisprudential heritage is for males, and is monopolized by males, Law No. (15) of 2008 Law Implementing the Amendment of the Amended Iraqi Personal Status Law in the Kurdistan Region of Iraq added Paragraph 3 to Article Three and stipulated that: “The mother is considered a guardian, if the father was dead or absent and she was in custody.” Hence, the research sought to clarify the concept of guardianship in marriage and its arrangement in the jurisprudential heritage, then, dealt with the issue of the mother’s guardianship in marriage in the mentioned law, analysis and evaluation. Eventually, came to the conclusion that this issue is controversial and the opinion that saying the mother does not have the right of guardianship over her daughter in marriage is preferable because the evidence and explanations of this trend are logical and valid, and it is in the interest of family cohesion and the stability of society.
المصادر والمراجع