Updated Images of Damage to Differentiate Between Spouses

Authors

  • Lecturer Doctor Ban Badr Hassan

DOI:

https://doi.org/10.35246/rgaynk60

Keywords:

Harm, Domestic Violence, Sex, Segregation, Networking Sites

Abstract

The Iraqi legislation, in its desire to protect the parties to the marital bond, allowed each of the spouses to file a separation claim for damage, and the cases of damage mentioned in Article (40) of the Iraqi Personal Status Law were cited as examples, which means the creation of cases within the meaning of damage, the practical reality indicates the existence of new cases that are requires the separation of harm, including the wrong use of spouses for social exchange networks, and what is due to the violence exerted by one spouse to the other and the so-called ( family violence). The reason for the separation may be due to the deviant ideas that have plagued Arab societies as well as biological, psychological and social motives that led to the desire of one spouse to change his gender, which causes harm to the other spouse.

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References

First: The Holy Quran

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I - Abu Fadl Jamal al-Din Mohammed bin Makram al-Ansari, Lassan al-Arabi, Part VI, Egyptian House of Composition and Translation 630 P.o

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III - Abu al-Abbas Ahmed bin Mahmoud bin Ali al-Fiomi al-Hamoui, Misbah al-Munir, Scientific Library, Part II, Beirut, without printing year.

IV - Mohammed bin Abi Bakr Abdelkader Al-Razi, Mukhtar Al-Sahah, Arab Book House, Beirut, Lebanon, 1981.

Third: jurisprudence books

I - Ahmad bin Ali bin Hajr al-Askalani, Fatah al-Bari Explanation of Sayyeh al-Bukhari, Dress Book, Part X

II- Shams al-Din al-Sarkhsi, Mubasat, Dar al-Marefa, Beirut, 1993, Part XXIV

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I - Ibrahim al-Sharqawi al-Shahabi, Sex Fixation and its Effects, Comparative Study in Islamic Jurisprudence and Positive Law, First Edition, Dar al-Bookshop, Cairo, 2002.

II - IYAD AHMED SAEED AL SARI, Explanation of Personal Status Law No. 188 of 1959 amended (Marriage and Divorce), Legal Library, Baghdad, first edition, 2021.

Ⅲ - Hassan Abdul-Kadhim Maya, Practical and Theoretical Procedure in the Texts of Personal Status Law, Al-Maslah House for Printing, Publishing and Distribution, First Edition, Baghdad, 2023

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V - Khaled Ghassan Youssef Al-Makdadi, Social Networking Revolution, Dar Al-Selsa Publishing, Jordan, first edition, 2013

VI- Rabi Mohammed Al-Zahawi, Personal Status Litigation Scientist, Sinhoori Library, Baghdad, 2nd Edition, 2014.

VII- Abdullah bin Abdulaziz al-Yousef, Family Violence, Social Affairs Foundation, Riyadh, 1426 AH, 2005.

VIII- Abd al-Rahman bin Ibrahim al-Sha 'ar, Reality of Social Communication and Human Behaviour, Al-Safeh Publishing and Distribution House, Amman, first edition, 2015.

IX - Abdul Kader Ibrahim Ali, Ahmed Mahmoud Abdul Daybel, Al-Wajiz in Personal Status and Islamic Law, 2nd Edition, Dar al-Saddiq, Baghdad, 2018.

X - Leith Indian Painter, Butter in Personal Status, Sabah Law Library, Baghdad, 3rd Edition, 2021

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XII- Mu 'id Hamid al-Asadi, Selected in Legal Principles, Personal Status Department, Legal Library, Baghdad, First Edition, 2019

L. Mu 'id Hamid al-Asadi, Al-Wagiz Al-Meiser, Sabah Library, Baghdad, 2016.

V. RESEARCH AND UNIVERSITY MESSAGING

I- Bashar Abdel Rahman, the role of social media sites in the phenomenon of divorce, research published in the Journal of the Faculty of Education, Wasit University, Count 44, Part I, 2021

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II- Sadi Mohammed Najib, Sexual Change from a Legal and Legal Perspective, Research published in the Academy's Journal of Legal and Political Research, vol. IV, No. 2, 2020

IV- Adil Nasir Hussein, Harib Salahuddin Mahmoud, Impact of Gender Change on Personal Status Issues, research published in the Journal of Legal Sciences Researcher, vol. III, No. 2, December 2022 V. Manal Marwan Munjid, Transgender Processes in the United Arab Emirates, Comparative Analysis, Research published in the Journal of Sharjah University of Legal Sciences, vol. XVI, No. 2, 2016

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VII: Websites

VIII- Mahmoud Asim Issam, Human Gender Change, Study in Criminal Law and Islamic Law, Master's thesis presented to the Law Faculty Council, Baghdad University, 1425 AH, 200

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I. Court of Cassation Decision No. 1543/First Person/1983 18/4/1983

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V. Federal Court of Cassation Decision No. 4310/First Person/2014 7/9/2014

Ⅵ . Federal Court of Cassation Decision No. 5148/Personal Status and Personal Materials Authority/2014 in 25/8/2014

VII .Federal Court of Cassation Decision No. 3038/First Person/2016 9/5/2016

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X. Federal Court of Cassation Decision No. 66/First Person/2023 on 23/7/2023

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VII: Websites

Ⅰ - https://www.skynewsarabia.com/varieties/1653716

Ⅱ- https://presidency.iq/Details.aspx?id=8355

Ⅲ- https://shafaq.com/ar

VIII: Laws and Regulations

I- Iraqi Personal Status Law No. 188 of 1959 amended

Ⅱ- Instructions from the Iraqi Ministry of Health published in the Iraqi Fact Sheet on the number 3947 in the 18/11/2002.

III - Law against Domestic Violence No. 8 of 2011 published in the Iraqi Kurdistan Fact Sheet No. 132 on 11/8/2011

Ⅳ - Anti-Domestic Violence Project for 2016

Ⅴ- UAE Federal Medical Liability Law No. 4 of 2016 V

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Published

2024-06-15

How to Cite

Ban Badr Hassan. 2024. “Updated Images of Damage to Differentiate Between Spouses”. Journal of Legal Sciences 39 (1): 327-54. https://doi.org/10.35246/rgaynk60.

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