الـــقـــوامــــة الـــزوجــيـــة ( دراســـة مــقـــارنــــة )

Rp-Matrimonial guardinship ( A comparative study ).pdf

Summary
The research deals with the issue of marital guardianship and its rulings in the light of Islamic jurisprudence and comparative legislation
It included two chapters. In the first chapter, the researcher dealt with the concept of
marital guardianship, its legal and legislative basis, its limits, and distinguishing it from a suspected uncle. In the second chapter, the researcher dealt with the provisions of marital guardianship in terms of the consolidators of guardianship and the restriction itself, and dealt with all its cases. Also, at the end of the chapter, the researcher dealt with cases of the expiry of marital guardianship.Wayne clarified the opinion of Islamic jurisprudence in comparative legislation in the subject of the research, following the method of comparison and extrapolation of the texts of the Holy Qur’an and Sunnah and the opinions of jurists in it, to finally reach several conclusions, including
The marital guardianship is the husband’s care for his wife and the preservation and protection of her rights, which is established by the Qur’an and the Sunnah, and that the suspicion raised against the marital guardianship by the enemies of Islam is due to their misunderstanding of the interpretation of the noble verse .
In the name of God, the Compassionate, the Merciful (Men are the guardians of women) God Almighty has believed, as well as some husbands’ misunderstanding of this verse and their arbitrariness in using their rights against their wives, which results in violence occurring in society. They differ with each other with regard to the provisions of marital guardianship, as well as the matter with comparative legislation, including the Iraqi Personal Status Law
She disagreed with Islamic jurisprudence in clarifying marital steadfastness, although she agreed with him in a few provisions. The researcher also noted that the Iraqi Personal Status Law still needs to be enriched more with some legal articles related to marital steadfastness, by increasing clarification and modification of what has been stipulated