البطلان في مسائل الاحوال الشخصية (دراسة مقارنة بالفقه الإسلامي)

The nullity in matters of personal status (A comparative study of Islamic jurisprudence)

The topic of our research is considered one of the important topics in the framework of personal status matters because it is mainly related to issues that are permissible and forbidden, meaning that most of the lawsuits that are filed in this aspect are considered as hisba lawsuits, as nullity is a penalty that affects various aspects of the law and the personal status aspect is not devoid of this. The penalty.
As marriage is considered void if it misses one of its pillars or one of the conditions of its conclusion, and the same case in divorce, as it is the other, is invalidated if it leaves one of its pillars, in addition to that, the invalidity is not limited to the aforementioned non-financial personal status issues as it transgresses To matters of personal and financial status, we singled out what is related to our subject, both the will and the inheritance, since the failure of the pillars or the conditions of the will or the inheritance is a reason for their invalidity and there are many cases that have emerged recently that have a prominent effect on nullity and the best example of this is the change of sex, as it is considered A reason for the invalidity of most personal status matters, and we shall specifically mention the issues under discussion.
What was previously mentioned are pictures or cases of invalidity of personal status matters, and these pictures or cases leave many effects in the context of personal status matters, some of which can be corrected by diminishing legal dispositions and many of these cases cannot be corrected due to their attachment to issues of sanctity and inviolability, and these issues have an effect What is prominent in the invalidity of personal status issues, in addition to that, the statute of limitations and retroactivity are of great importance in the subject of our research, which we have detailed in the folds of our thesis.
And that the aforementioned issues, some of which were dealt with by the Iraqi legislator in the folds of the Iraqi Personal Status Law No. 188 of 1959, amended and enforced, but many of these issues did not receive legislative treatment, especially those that globalization had a prominent role in its emergence. We have previously shown sex change and its prominent impact on personal status matters, whether financial or non-financial.