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Legislative stability and its role in protecting the child in custody: A study in light of the Code of Sharia rulings on personal status matters according to the Ja'fari Shi'a school of thought. | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 25, Volume 16, Issue: 2, June 2026, Pages 609-636 PDF (842.85 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.170744.1762 | ||
| Author | ||
| Bokan AbuBakir Kareem* | ||
| Department of Law, College of Law, University of Sulaymaniyah, Sulaymaniyah, Iraq | ||
| Abstract | ||
| Logic dictates that many laws need amendment. Legal rules should not be rigid, but rather must evolve and change according to the needs and requirements of society. Among the advantages of legislation are its clarity and precise drafting, in addition to its important impact on the development of society through the issuance of laws by the competent authority, representing the conscious will of the members of society. Rigidity is the enemy that we must strive to combat by enacting and amending legislation to reform society and complete the deficiencies in existing legislation. However, when it comes to the Personal Status Law, we find that it has undergone numerous amendments, reaching the point of abolishing its application for a segment of Iraqi society. Efforts to completely repeal this law are still ongoing. The recent political circumstances in Iraq have led to a serious conflict within the legislative authority between repealing or maintaining this law, with the aim of targeting it being based on Article (41) of the 2005 Iraqi Constitution. Thus, the conflict here is between legislative flexibility and legislative stability. Stability is crucial for protecting family security, although it is a principle followed in investment projects. We believe that investing the state's resources, through the legislative authority, in protecting the rights of family members, and children in particular, is one of its most important responsibilities. On the other hand, the ability to amend and develop laws indicates the development of society and its ability to keep pace with evolving needs. | ||
| Keywords | ||
| Custody; Legislative Stability; Jaafari Code; Custody Period and Termination | ||
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