Research – 28 – ILIC 9

https://doi.org/10.23918/ilic9.28

Keywords: Lineage, child, mother, forgery, protection.

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PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE

Faculty of Law, Tishk International University

Date:27-28. February 2025

Venue: Kurdistan Region- Erbil, Iraq

ISBN: 979-8-9890269-3-7

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                            Zeina Yahya Mikael                           Oday Tulfah Mohammed

                     Al-Hadbaa University College          College of Law / University of Tikrit

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Abstract

Criminal protection of a child is not complete by protecting his right to life and physical integrity. Rather, it is necessary to protect his right to lineage and his connection to his fatherhood in a correct and consistent manner with reality. Therefore, one of the priorities of the legislator was to protect this important right of the child by criminalizing acts that affect the validity of the child’s lineage and his dependency on his parents. The crime of passing a child on to someone other than his mother is a serious crime because it leads to a disruption in the structure of the family and then society, which threatens its foundations with collapse, in addition to its serious and direct impact on the child himself throughout his life. The blood bond is usually surrounded by relationships of affection and compassion between the child and his parents. Both the child and the parents have rights and duties regulated by Islamic law, and its application is guaranteed by positive law. Treating this crime criminally according to the image set out by the legislator is surrounded by many questions, including those related to the effectiveness of the text and the scope of its application, and including the text’s connection to other regulatory and penal texts. Therefore, we decided to shed light on it. The light in our research.