التفريق القضائي في الفقو الإسلامي مقارنة بقانون الأحوال الشخصية الع ا رقية

There is no doubt that the subject of judicial separation is one of the important topics that needs to be discussed in the field of scientific research, the stability of marital life is one of the most important goals that Islam has been keen on, as the family is the first building block and the main pillar for building and sustaining society. Marriage is the only lawful method that God has permitted for reproduction, and the continuation of marital life. The Islamic law has laid down precise legislations for the permanence and continuation of the marital relationship. As marriage is a contract which stresses on perpetuation, the Islamic Sharia ordered both spouses to promote wellbeing, for the husband to treat his wife kindly, and for the wife to safe keep her husband's children and property in his absence. when contemplating the Sharia, one can see that it is comprehensive, encompassing all of an individual's needs and reflects any changes which may occur in an individual's life including any changes in a marital life, which could make the harm caused by its continuity outweigh the benefits gained by a divorce. In addition, it is known that the religion of Islam is compatible with the intuition and nature of mankind, thus considered and accounted for cases of disharmony and dispute that can occur between the spouses and lead to the impossibility of continuing the marriage. I began my research with an introduction and a preamble, and divided it into five chapters and a conclusion. Each chapter addresses several concepts, in the introduction I summarized the importance of this thesis in several points, the reasons behind choosing this topic for my thesis, the former studies conducted on the topic of judicial separation, and the methodology I have adopted to writing this thesis. The first section in the first chapter sheds light on the meaning of judicial separation, its legitimacy and conditions, the second section elaborates on the differences between judicial separation, divorce, annulment and abrogation. The second chapter, which contains four sections, discusses separation because of intentional harm, for example separation due to poor companionship or deprivation of the wife of expenses or lawful copulation, or separation due to the absence of the husband and any other intentional harm practiced by one of the spouses that could lead to their separation. The Third chapter discusses separation caused by unintentional harm for example the imprisonment of the husband, or for insolvency for expenses or dowry. The fourth chapter is dedicated to the reasons and the permissible faults for any of the spouses to request separation. The fifth chapter discusses separation due to apostasy or should any of the spouses convert to Islam, and the type of separation executed in the case of apostasy. The end of each chapter vi includes the legal texts according to the Iraqi law and a comparison between the legal texts and the Islamic law. In the conclusion, the thesis draws a conclusion based on the research conducted in this thesis. The conclusion is followed by the list of references that have been used in this thesis. This thesis is but a humble attempt to expand further on such an important topic and is the accumulation of research done over countless of hours. Should this thesis be deemed praise worthy then success a blessing awarded by God and should this thesis contain errors, I humbly take pride in learning from my errors as glory and perfection is an attribute of God alone. To conclude, after having delved into this broad field of study, I hope that it will be received well and would like to use this occasion to express my sincere gratitude and thanks to my highly esteemed Doctor, Muhammad Salim Aslan for his efforts and valuable instructions, which proved to be highly beneficial in the course of writing my thesis. I ask God Almighty to envelop him with his blessings and grant him the highest of rewards. I would also like to extend my utmost appreciation and respect to Doctor Hemin Balisani whose feedback and constructive notes shaped this thesis. My everlasting gratitude also goes to all the professors and teachers who provided me with their support to complete this thesis. Key words: Islamic Law, Divorsce, Judiciary, Judgment