رؤية فقهية حول ثوابت و متغيرات الزواج في تعديلات برلمان إقليم كوردستان

الملخص EN

The principle of constants and variables is the most important main characteristics that distinguish Islamic jurisprudence.

The constant provisions don't change with changing times and places.

These provisions came of their agreed sources with clear and detailed text.

The variable provisions change with times and places, and there is no evidence in their sources prevents changing them, and it depend on mind.

Many provisions of marriage are constant and may not be changed at all.

As in the issue of taboo.

So, it is not acceptable to mix the constant with variable The legislator in Kurdistan Region has not broken the legal principles in his new view of marriage concept.

But he made a mistake when he removed the offspring from the definition and make family the only main purpose of marriage.

This is in contradiction with Article 43, which gives the wife the right to demand separation if her husband is sterile.

The legislator did not prevent polygamy in compliance with the principles of Islamic law, because the prohibition it contradicts the Iraqi constitution.

But he made a mistake when he considered the consent of first wife and given undertaken to treat both wives impartially in respect of distribution and other material and moral marital obligations; as a condition of polygamy.

Although the Iraqi legislator and Kurdistan legislator considered physical susceptibility as a constant in the age of marriage, he did not consider the age of marriage a constant.

So, he amended the legal age of the young man to complete the age of sixteen.