Written by the teacher, Jumana Al-Asadi
In a bold precedent in which one of the pioneering researchers in the scope of the legislative system of personal status touched on an interesting and important topic related to what has become common in our era of freedom of expression and rich in democracy in its wrong places, and personal freedom in a way that is not compatible with strict Islamic principles, the Islamic religion, despite Even though it is the religion of peace, love, friendliness, and kindness, it contains severe penalties towards those who oppose it, deliberately harming others, and denying the Lord of lords. Just as a loving believer rewards a Muslim, he punishes his inferiors with what suits him, wisdom from God Almighty in disciplining him and admonishing others.
Here, the researcher, the judge, enjoyed what he reviewed of cases of denial of the divine existence emanating from some reckless youth or panting behind flashy ideas. Relationships is what was in the marriage contract, and based on his being a specialist in the judicial field, we find that he has found among the lawsuits filed by some spouses before the Iraqi judiciary a positive material for talking at length, without going through the ruling in them without passing by, and this is for my age from the researcher’s keenness to give the subject Its right, and to invite researchers, academics, and students of knowledge to peruse it, delve into its depths, and know what it covers and what results from it, through a legitimate legal reading in an extensive and innovative study, to say the least.
We notice that he has delved into the nature of atheism at times to show its meaning, clarification, types, and reasons that led to the state of (there is no God), and he presented it with doctrinal defenses as a result of subordination to the West, or what some imagine of the defeat of the position of the Islamic world towards the fierce European attacks towards it, and exposure to suspicions without obtaining the slightest A limitation of intellectual immunity, stagnation of the doctrinal lesson and its rumination on the same recurring traditional topics (except for what is rare), and to weakness in religious discourse, then it returns at other times to give reasons and scientific motives resulting from the spread of a flashy and ornate philosophy in front of which the weak in faith who are incapable of a deep understanding of the occasional problems trample. This is in addition to other motives that the researcher reviewed, including civilized ones, educational ones, and psychological ones, due to the nature of the person and the psychological and personal disorders he suffers from, which we believe he was successful in dealing with.
Then, he soon dived into the depth of atheism to extract from its contents the evils and the cure, so that he reviewed the disease and the cure together, in a smooth, enjoyable and interesting way of reading, to make us confirm what he went to, and to deduct some of what he mentioned towards the importance of specializing in scientific faith, adhering to moderation and moderation, adopting positive thinking and promoting The spirit of dialogue in the family, which constitutes an aura of familial protection for the individual, in a conscious and elegant manner, with his emphasis on adherence to moderate religious discourse and the strengthening of the pillars of faith and sound belief in order to highlight the beauties and perfection of Islam, and to confront the manifestations of its distortion by extremists, in addition to the therapeutic methods he mentioned in the responsibility entrusted to him. Official religious institutions, intellectuals, media professionals, and high-ranking leaders in society, to stave off the effects of atheism, which are embodied in suicide, anxiety, loss of oversight, the destruction of the family, the destruction of society with immorality and crime, and the destabilization of its ideological security.
The researcher was not satisfied with this dazzling scientific review that he presented to us according to the Qur’anic illumination of contemporary behavioral treatments, but rather he sharpened his pens to write about apostasy and explain it linguistically, idiomatically, types, provisions and conditions. In this context, he reviews what the venerable scholars and some great references from the different Islamic sects have gone to, as he did not influence one sect over another.
In his third chapter of the book, he deals with the annulment of the marriage contract due to apostasy and atheism, and here I felt as if I had possessed a grain of pressed pearl. There is no greater public right than monitoring the legality of marriage because illegitimate children will be born and this would It causes family corruption and community destruction.
The researcher elaborated on explaining and detailing the dissolution of the marriage contract and considering it as one of the rights of both spouses. He went into detail about the positions of the Sharia courts in various Arab countries, and expressed the opinions of the laws and the judiciary on the dissolution. The Iraqi legislator raised the Personal Status Law No. 188 of 1959 AD to find it deficient in the presence of a legislative text that can be applied in this case, and thus it is ruled in accordance with the most appropriate Islamic Sharia principles, after referral in accordance with Article 1/2 thereof, and thus annulment falls to the aforementioned Sharia right, This is due to the prohibition of contact between the spouses with the corruption of the contract.
In this regard, he asserts that the legal qualification contained in Article 372 in its fifth paragraph of the Iraqi Penal Code No. 111 of 1969 AD is commensurate with the punishment for apostasy, although the Iraqi legislator did not criminalize it and did not punish it with death, and this article states that: “Whoever insults Publicly a symbol or a person who is a subject of reverence, glorification or respect for a religious group…”, And we know here that God (Glory be to Him), our faithful Prophet (may God’s prayers and peace be upon him and his family) and our glorious Qur’an are the subject of reverence and glorified religious symbols, but the punishment is (imprisonment for a period not exceeding three years or a fine) that is not commensurate with the correct actReally turn.
And if the names have changed recently, it seems, and God knows best, that the apostate, the atheist, and those below them (and everyone who tempts himself to choose to disbelieve in Islam and its teachings and mock the Holy Qur’an, or the Prophet (PBUH) and his household (PBUH) and deviate from the heavenly law), they are in the category of the rulings of the apostate established by Muslim jurists in the past.
At the end of his book, the honorable judge concluded with a number of precautionary means that protect Muslim society and families from the scourge of atheism through the appropriate awareness growing with modern development, spreading awareness campaigns for young people to deepen faith in their souls and opening cultural windows for young people, whether satellite channels, or forums to raise and receive their problems and ideological problems. In addition to tightening criminal legislation to combat atheism and imposing the appropriate punishment on it, by opening centers to rehabilitate atheists during the period of warnings before any penal punishment is taken against them.