دور السياسـة التشريعية للحـد من انحلال الرابطة الزوجيـة (دراسـة مقـارنـة)

The role of legislative policy to limit the dissolution of the marital bond (Comparative study)

Abstract
If we contemplate the process of dissolution of the marital bond from its social framework, we will see that its legislation comes as a license and exception to save the family from collapse and displacement. Therefore, Islamic law, above all, directed society to place barriers and restrictions in front of the spouses to restrict their desire to achieve the termination of the marriage contract, and in the same approach the legal legislation followed And the legislators of the personal status law in this regard are working on two parallel axes: The first axis: – is represented by the consolidation of positive principles and values that contribute to the upgrading of the family and its reunification and non-dispersion, and this axis represents the positive role in legislative policy, which can be achieved by several means, perhaps the most important of which is personal rehabilitation And a medical examination for those about to get married, as well as activating the positive role of the judge in cases of separation between spouses, and similar legislative policies. And the second axis: – It is represented by placing restrictions and barriers in the way of the spouses to restrict their desire to achieve the termination of the marriage contract, and this axis represents the negative role in legislative policy. As a result of the foregoing, positive law will be the tool that achieves the desired goal or the executive tool in the legislative policy to limit the dissolution of the marital bond. In view of this, we find that the legislators of the Personal Status Law have set a set of rules that regulate the dissolution of the marriage contract in general, and ways to limit separation in particular, in order to reduce the process of separation or reduce it to the lowest possible extent, by formulating these rules in a clear and precise formulation and language Sound legal and sequential texts complement each other, but with the effort exerted by the drafters of this law to ensure the integrity of its texts and provisions, we find, on the other hand, that the human soul is bound to imperfection, error and forgetfulness. Therefore, it was rare to find an integrated law devoid of deficiency or error, and from here we found, through the approach and comparison between the suspension of the Iraqi personal status law and the legislation in question, that the policy of the Iraqi legislator is characterized by absoluteness, as it permitted the request for separation as soon as the reason for the division was achieved without restrictions. It narrows its scope, in addition to the absence of measures or policies that can contribute to limiting the separation between the spouses, and on the contrary, we find that the comparative legislation has been strict about this matter, imposing several restrictions and measures on it, and the statement of this is what we focused on and tried to address in the folds of the research.