احكام العنف الأسري في الفقه الأمامي دراسة مقارنة مع القانون

The family violence in Al imamijurisprudence_Comparative Study with Law-

With the help of God Almighty, and after completing the research titled (the provisions of domestic violence in the forensic jurisprudence comparative study with the law), emerged a set of the following conclusions and recommendations Results:

1-The rights of family members are part of human rights and we do not mean that it has different rights or independent rights, but these rights are firm and indivisible and must not be violated and neglect, and violence is a pattern of behavior, which raises a lot of concern and concerns and attention by Scholars, clerics, lawmakers and critics. Violence in language is defined as: the breach of the matter and the lack of compassion for it. It is against compassion. In terms of terminology, the developments in philosophical and political thought have given rise to the modern concept of violence. Against the self or against any other person intentionally, a The coercion of an individual to act as a result of feeling pain because of the harm he has suffered is the use of force or threat of use against the self or against another person which causes physical and psychological harm.

2-The concept of violence in law is the deliberate use of force threatened against any individual by another individual or group that leads to actual or potential harm to the individual, or the concept of violence in Islamic law and through the narrative meanings of the household (peace be upon them) What is stated in the Holy Quran is that violence is not a form of cruelty that is contrary to compassion and kindness. It does not mean murder, death, or the like. It is accompanied by insulting and beatings, but it is a way to reach all this. The recurrence or intensity of violence may lead to criminal acts Such as failure and other elements of the concept of modern terrorism.

3-Many of the family problems in which the husband uses violence against his wife can not wife and for reasons blamed by the community to disclose before the courts because theyWill put her husband in prison and thus lose her breadwinner or marital home, which obliges her to consent to family violence and silence, and the family is the nucleus first that develops the personality of their children in society, and help them to shape their personality in general, and because of what we are currently experiencing several family problems, and And the absence of intimate relations, which was one of the most prominent features and protected for decades long values firmly entrenched in law and custom together, to shed new blood in the veins of society, which consists of the total of those families, we find that the status of the family structure in many Arab countries, Pat has been exposed to a chasm And cracks created by many reasons, which in turn led to the manifestations of disintegration and collapse in some families, and the aggravation of family problems.

4-The definition of domestic violence in general is that it is the mistreatment of someone else who has a close relationship such as the relationship between husband and wife, between parents and children, between brothers and relatives in general, and domestic violence is violence that occurs within the family and may not be felt outside of it because Occurs between the walls of the house and under the umbrella of family bondage, it is therefore violent behavior not disclosed because of its cover inside the walls of the house and protected by the family fabric.

5-free of Iraq from places to harbor the abuse of family, and even if found, the social customs and traditions prevent the wife from resorting to it, as well as the inability of legal procedures and means to provide the necessary protection for the wife as the wife still suffers to this time violation of their basic rights, Domestic violence is attributed to major causes and secondary causes. The main causes are divided into social and economic causes, alcohol and drug abuse, and the negative effects of flags on the transmission, dissemination and promotion of violence within the family and its presentation as permissible. Secondary causes Winnie, hate, hate, jealousy, envy and lack of parity between the spouses.

6. Iraq differs from some Arab countries because it does not have legal legislation that protects the family and especially the wife from domestic violence except for the Kurdistan region, which passed the law against domestic violence in the Kurdistan Region of Iraq No. 8 of 2011,Despite the issuance of many international conventions and conventions that provide for the protection of the family and the renunciation of violence that falls on them.

7-There is a misinterpretation of the texts of the Koran by the husband where he placed himself in an unequal position with his wife has deprived them of their natural rights, including the right to mental and physical integrity and up to the extent of deprivation of the right to life, in addition to the wife is ignorant of many of their rights Especially the rights granted to them by Islamic law and statutes, despite the lack and lack of legal articles and legislation that protect them and preserve their dignity.

Recommendations:

1-We recommend spreading the correct religious awareness by the clerics regarding the rights of the family, including the wife in Islamic law, and also in combating the problem of family violence against the wife because they are the most vulnerable to domestic violence. The misuse of religion in order to underestimate the wife because of the mistake in understanding the verses of the Koran.

2-Preventing violence within families by acting wisely, investigating violence, prosecuting and punishing perpetrators, and providing access to victims.

3-Work to amend the personal status law and the Iraqi Penal Code and develop it, by creating a law that protects family members from domestic violence, and the development of penalties for those who violate this law.

4-Include the educational curricula at all different stages of the topics that lead to the correction of social norms and cultures characterized by the practice of errors towards the wife, and promote values that show the status of the family and value as the basis of the first community, through the integration of the concepts of equality and non-discrimination between males and females, Educational curricula that urge not to resort to the use of violence to solve problems among family members.

5- the need to give a role to the family courts to consider crimes against the wife.

6 – the need to speed up the legislation of the law of protection from domestic violence by the House of Representatives is still draft draft formula has not been activated, and be a priority for this important law because it is related to the protection of the Iraqi family and cohesion among its members, which leads to the development and prosperity of the country to the impact on the aspects Social and economic mechanisms and the need to establish clear and specific mechanisms for how to file a complaint and conduct proceedings and measures to protect the wife from domestic violence.

7-The importance of legal awareness of the crimes of domestic violence in schools and universities.

8-The necessity of the media from satellite channels, newspapers, magazines, websites and radio stations to explain the contents of the law to protect against domestic violence and to promote a culture of respect for women’s rights and human rights.

9 – There should be a supreme body to protect the Iraqi family and consider them independent bodies.