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Authors: 1-Miss. Sondos Ali Abas 2-Dr.Nawzad Sddiq Sulaiman
Abstract: Islam is concerned with the family, which is the cornerstone of society, and is interested in the foundations of its composition and the reasons for its cohesion and continuity; Therefore, the Almighty began marriage and set a special system to preserve the human kind, He was also interested in choosing the couple who would build the family, From this point of view we can understand the importance of the subject of marriage of young women, and the effects of this marriage in our current reality, And the need for legal treatment, and finding fair solutions for all, And it is permissible to restrict it because it is one of the issues that fall within the scope of permissibility in the Shariah’ There is no provision to be interrupted by necessity or prohibition, but was dealt with in the context of marriage. Some suspicions have been raised regarding the marriage of young women, including the marriage of our Prophet Muhammad (peace and blessings of Allaah be upon him) with our mother Aisha (may Allah be pleased with her) who was young, And to take this marriage as an argument for the permissibility of a small marriage or at least to infer that it is not permissible to prohibit this type of marriage’ But his marriage (peace be upon him) was done within the norms and laws and customs of society at the time, Because the difference of time and place greatly affects the composition of physical and mental construction of the girl, In addition, social responsibilities and duties in our time are much more than they were, These burdens are not suitable for a girl who is to care and entertainment is more in need of responsibility and marriage’ Accordingly, courts or legislators have the right to restrict such a permit based on their assessment of the public interest, and Care for the rights of children, and prevent parents from trading them in order to achieve personal and mundane interests, Young people in this age are not qualified to care for the husband and children and the management of the house, As well as neglect or interruption of education and study” Therefore, we oppose the draft amendments to articles of the Iraqi Personal Status Law No. 188 of 1959 amended” Therefore, this research contributes scientifically to solving a social problem rooted in our societies, And the importance of building a Muslim family of equal couple to form a mature generation.
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doi:10.23918/ilic2018.36
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(2): Special Issue