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Thesis

2015

Law of Resistance to Family Violence in the Region of Kurdistan of Iraq: An Evaluative Jurisprudential Study

2015-08-01
This research addresses the Anti-Domestic Violence Law in the Kurdistan Region of Iraq via a juristic and evaluative study. The law triggered a huge polemic in the judiciary and legislative milieus as it is founded on the concept of gender. This study aimed at clarifying the concept of domestic violence, and exposing its stated cases in the above mentioned law for their evaluation in light of Islamic jurisprudence. To this end, the researcher used an inductive approach to gather the scientific substance and analysed these cases through an analytical method. The findings of the research demonstrate that the law has been sometimes weakly formulated, holds poor expressions, lacks details in regards the wording of texts and occasionally violates the Islamic rulings. These issues call for a reassessment of the legislator’s knowledge on Shari’ah rulings, law, language, psychology and sociology by the government of the Kurdistan Region of Iraq.

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