ئەز   Radhwan Hazim Khalid

The following article tries to trace two important issues of act relating to domestic violence in Kurdistan, Iraq. This study denotes the study of contemporary jurisprudence regarding the issue of beating and coercion in the family. It sparked controversy in the perspective of the law and sharia law. This issue then be viewed from the concept of gender. The aim of this study is to clarify the concept of domestic violence and to indicate the issues contained in the legislation in jurisprudence viewpoint. Inductive approach used by researchers to collect scientific data in this research as well as analysis of other assistance. Results of this study have revealed that sometimes there are problems in the structure of the language, as well as contradict using of terminology. In addition, the lack of precision in the preparation draft of act which opposed to some provisions of sharia. This requires that the Kurdistan regional government to review the issue of requalification from the perspective of jurisprudence, law, languages, psychology and sociology.

This study offers a foundational and applied jurisprudential analysis of the husband’s authority in light of the Prophet’s guidance. It aims to explore the legal and methodological features of the Prophet’s approach in organizing the exercise of a husband’s authority within the family, in a way that preserves the dignity of the wife and regulates the marital relationship in accordance with the higher objectives of Islamic law. The first section examines the conceptual and jurisprudential roots of a husband’s authority by establishing its legal basis, defining its meaning and legitimate boundaries, and clarifying its connection to the principle of qiwāmah (guardianship). It also reviews earlier perceptions of spousal authority in Jewish and Christian traditions, as well as in pre-Islamic society, and contrasts them with the Islamic vision, which subjects such authority to clear legal restraints rooted in justice and human dignity. The second section analyzes the main jurisprudential restrictions that govern and prevent the misuse or abuse of the husband’s authority—such as kind treatment, financial maintenance, and obedience limited to what is right—showing that these safeguards form a protective framework for the wife and prevent the exploitation of marital authority. These are not optional courtesies but are integral to the Islamic legislative spirit in protecting the family. The third section presents practical Prophetic applications for regulating this authority, including the use of mutual consultation in family decision-making and a gradual, legally bound approach to disciplinary measures—such as admonition, temporary separation, permissible physical discipline, and divorce—while outlining the specific conditions governing each measure. The section concludes with noble and impactful examples from the Prophet’s own life with the Mothers of the Believers, such as his conduct during the Incident of Slander (ḥadīth al-ifk), the choice he gave his wives (takhyīr), and his handling of ʿĀʾishah’s jealousy, all of which reflect a Prophetic method grounded in mercy, wisdom, and emotional self-restraint within the family. The study concludes that Prophetic guidance does not grant the husband unchecked authority; rather, it subjects it to a set of legal and ethical values that ensure the family is built on compassion and balance, offering a unique legislative model that safeguards women while fostering marital harmony. Keywords: Husband’s authority, Family jurisprudence, Prophetic guidance, Marital consultation, Prophetic mercy, Marital rights.