The impact of complex principles on financial matters on the Iraqi Civil Code

Islamic law is suitable for all time and places and continues to be appropriate. It contains large and flexible factors within Islamic law. There is no doubt that the Islamic world needs to apply the rules of Islamic law to life and to deal with fiqh. This makes it easier for judges to make their judgments easier, to make the provision based on the cases of the parties in the case of lawsuits easier and to ensure unity among the decisions of the judges in making judgments. This phenomenon can be fulfilled by observing the praise of mortals without being attached to any denomination by a delegation of scholars. This committee, with serious and persistent efforts to the law and the Quran is benefiting from the law to apply to the Qur'an and people will find answers to the problems. In this case, the sovereign system will remove the double title between religion and life, and give peace and peace to the hearts. To benefit from the different provisions of the jurisprudence, the power of the Muslims to add and expand their way. In addition, they are not deprived of the goods and life given to them by Allah. All of these are difficult and difficult to stay away from the provisions of the Muslims and the arbitration of all the easy to come up with easy provisions. In verse y In the Islamic geography where God and your enemies and their enemies are behind them and prepared as much power and war horses as you can for them to scare and deter what Allah knows lay (Enfal, 60) This should be observed to facilitate the lives of living Muslims. This situation makes Islamic law suitable for all time and places. One of these factors is the controversy of the provisions of the muctehid prisons based on the evidence. This century has witnessed a wide legalization movement in order to meet the needs of the century and the demands of the legal system in order that Islamic law dominates every aspect of life. In fact, the obligatory situation for legalization necessitates such mobility. We have dealt with this study in order to reveal the necessity of the legalization of the legal provisions. The contemporary Iraqi civil law has largely adopted the rules of jurisprudence, particularly in the areas of law, and enacted these rules as in Islamic law. As he took into account the conflict in the jurisprudence rules with this practice, he did not encounter any criticism or objection. The Iraqi civil code, number 40, which was adopted in 1951, received provisions from Islamic law in many areas. It was seen that the Iraqi civil code was influenced by the Mecelle-i Ahkam-i Adliyen. The civil code of Jordan, numbered 43, followed in 1976 by the Iraqi civil code. Later on, other Arab countries followed each other. For example, Sudan 1984, United Arab Emirates 1985, Palestine and Yemen enacted the law of civil treatment in 2012. We examined these principles in a legal and comparative study in terms of form and content. We have classified Fıkhi bases as scientific and objective. Thus, under one heading, we combined the bases to form a single subject. So that all of these bases can be grouped under a title such as contract theory. However, some pedestals fall under more than one subject. For example: kas Interpretation of Kalam and Te'wad "," Will and Expression İz, ve Fiction "," Istishab "," Damage "," Need ", Elimination of Distress and Distress", ve Loss of Damage "," Power of Saving on Someone's Property "," Damân rika, "Tevabî and İğtifâr", "Condition and Mani", "Zan and Tevehhüm am," Haram üm, T Telazüm "," Ijtihad "," Şer'i Siyaset î, "Müteferrika" as the base. We have already mentioned the fiscal rules in advance, as it rules the financial exchange and has created a set of rules and influenced civil law. In the light of these rules, the purchases are either in conformity with the law or they do not comply with the law as they are later emerged and are available. Through the rules, political goals, strategies, plans and programs are drawn and determined. The rules support shopping and financial structures, and the solutions, the problems that can occur in the best way to produce solutions in the light of Islamic law and it tries to resolve the boredom. In this context, we have mentioned the most important and useful rules and rules of law. However, we mentioned the history of the movement of law. We tried to reveal the law of Islamic law in the Islamic countries and the laws created as a result of this. On the other hand, we tried to examine the views and justifications of Islamic jurists who expressed positive and negative opinions about the law of Islamic law.