عنوان المقال عربي
الصراع بين المؤسسة الدينية والسلطة السياسية في العراق حوزة النجف وقانون الأحوال الشخصية
Abstract
The study came to explain the position of the scholars of Najaf regarding the Personal Status Law No. (188) of 1959 AD which violates some of its articles of the Islamic constitution. The roots of the law go back to the thirties of the monarchy in Iraq, but it was frozen due to the opposition of the religious authority in Najaf led by Mr. Mohsen al-Hakim to draft his idea, and with the transition of Iraq to the republican era, the idea of reviving it was revived again with the influence of the communists on Iraqi President Abdul Karim Qasim and its official issuance on December 19, 1959. On the other hand, the scholars of Najaf and its scientific bodies sent telegrams rejecting the responsible authorities, through which they clarified the depth of the scholarly opposition to this law and its fight against Islam Asking the authority to amend the law and then abolish it altogether, because the existence of such a law gives the judge the authority of the religious jurist and blocks the door of ijtihad in Sharia rulings. This study also came after tracing most of the studies that dealt with the Iraqi Personal Status Law of 1959 AD in terms of jurisprudence and Islamic law as well as the legal aspect of the articles of law and comparing them with international lawsWithout real historical attention to the role of the scholars of the religious establishment in Najaf in confronting and rejecting this law, the Personal Status Law has remained since 1959 AD until the death of Mr. Mohsen al-Hakim in 1970 AD, despite its amendments in some articles on women's rights, but it remained a subject of controversy and discussion, so the religious reference Don't settle for less than cancellation. Accordingly, this study revealed the historical and scholarly role in confronting everyone who opposes or opposes Islam
Keywords
authority, religious authority, personal status law, authority, constitution, Najaf Ashraf
Recommended Citation
Al-Marshadi, Maha Mazhar Kani
(2025)
"The conflict between the religious establishment and the political authority in Iraq The Najaf Hawza and Personal Status La,"
Uruk for Humanities: Vol. 15:
Iss.
1, Article 4.
Available at:
https://muthuruk.mu.edu.iq/journal/vol15/iss1/4
