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أثر العنف الجسدي في انحلال الرابطة الزوجية (دراسة مقارنة بالفقه الإسلامي) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 1, May 2023, Pages 736-761 PDF (841.58 K) | ||
| DOI: 10.63677/jqlap.2023.180132 | ||
| Authors | ||
| أ.م.د.صفاء متعب فجة; أ.م.د. شذى مظفر حسين; الباحث ذوالفقار علي وناس | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| Physical violence is considered one of the modern terms that have become alien to our societies. The Iraqi legislator did not refer to the designation of domestic violence in the Iraqi Personal Status Law No. (188) for the year (1959), but rather used a general and flexible term, which is the act is harmful in the sense of harm directed towards the result of the act and not the means. However, in recent times there are two projects for domestic violence, the first project was submitted by the Presidency of the Republic to the House of Representatives in September 2019 under the name (The Law Against Domestic Violence), and the second was submitted by the Council of Ministers for the year (2020) under the name (Protection). On the level of Islamic jurisprudence, jurists did not differentiate between the category of coercion and the category of Violence. Physical domestic violence is represented by beating, killing, burning and kicking Or slapping, or preaching, or tying. of physical domestic violence that permits a request for the dissolution of the marital bond is limited to the violence emanating from the husband towards the wife, the violence emanating from the wife towards the husband, mutual violence between the spouses, and the violence emanating from one or both spouses towards the children. Disciplining the wife as a result of not observing the order in discipline, starting from the sermon, abandonment in the bed, and the beating is not severe, or for not adhering to the conditions of discipline in terms of the nature and occurrence of what necessitates discipline, the means of discipline and good intentions, or for not observing the conditions for disciplining children.Physical family violence has an effect on the dissolution of the marital bond when the harm resulting from the violence is severe, and if the violence has an effect, marital life cannot continue. | ||
| Keywords | ||
| physical violence; dissolution of the marital bond | ||
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