Puberty (a study on the Iraqi Personal Status Law and the draft Jaafari Personal Status Law)

  • . Dr. Tarek Hassan Kassar

Abstract

 There are a number of issues in which there is disagreement between the applicable personal status law and Islamic jurisprudence, although jurisprudence is the primary source of many legal articles, and as a result we were obligated, as researchers, to point out some of these points to clarify the difference between them.So, the tagged search: (age of puberty (a study in the applicable personal status law and al-Jaafari personal law)) to search for an important issue that entails legal provisions and effects, so the research section is divided into two topics:The first topic: a doctrinal theoretical study comparing doctrines in the matter of puberty and the focus was on the opinions of front-line scholars on what the research topic requires.The second topic dealt with: puberty age and its implications according to the applicable law and the proposed Jaafari law, with presenting issues to contemporary jurists from the Imamiyyah to indicate the extent of approval and violation between the two laws.The research reached several matters, including: the difference in the age of puberty among the jurists of the public and foreground, and this entails several provisions for the adult, but the civil law did not depend on what was mentioned in the front jurisprudence in determining the age of pubertyThe researcher has clarified a number of provisions resulting from determining the age of puberty in relation to marriage, divorce, custody, and wills. In financial actions, the condition of puberty is added to the condition of adulthood, which reflects the extent of the human's fitness to preserve and develop his money and benefit from it properly.

 

Published
2021-12-28