The College of Law, University of Karbala, discusses a doctoral thesis on invalidity in personal status issues
The Faculty of Law at the University of Karbala discussed the doctoral thesis tagged: “Invalidity in Personal Status Issues” (a comparative study in Islamic jurisprudence). The thesis was submitted by the student “Haider Taha Fayyad”.
The thesis aimed to study one of the important topics within the framework of personal status issues, which relates mainly to issues that are replaced by halal and haram, meaning that most of the lawsuits that are filed in this aspect are considered to be Hesba lawsuits, as invalidity is a penalty that affects various aspects of the law and does not leave the aspect of personal status from this penalty.
The thesis concluded that there are many cases and images of invalidity of personal status issues, and these images or cases leave many traces in the context of personal status issues, some of which can be corrected by derogating legal actions, and many of these cases cannot be corrected because they are related to issues of legality and sanctity, and these issues have an effect The prominent in the invalidity of personal status issues, in addition to that, the statute of limitations and the retroactive effect are of great importance in this study.
The researcher recommended the need to address issues that the Iraqi legislator did not address in the folds of the Iraqi Personal Status Law No. 188 of 1959, which is amended and enforced, and in particular, those that have emerged recently, including, for example, the change of gender and its prominent impact on personal status issues, whether financial or otherwise. Finance.