Social justice according to the amendment of the Iraqi Personal Status Law of 2025
DOI:
https://doi.org/10.65263/8nba5784Keywords:
Justice, Code of Judgments, Personal Status Law, ConstitutionAbstract
Social justice through the application of the amendment—and what a profound concept it is! is achieved within the Personal Status Law through several aspects, including preserving family stability, regulating fundamental issues such as marriage, divorce, and child custody, and ensuring protection and fairness for all family members, especially children and women. The importance of the social role in implementing the law is highlighted through social research committees and offices that provide support and guidance to families.
Among its most important aspects are:
Balance in family relationships: The law strives to achieve balance and fairness in family relationships, taking into account social and economic developments.
Protection of children: The provisions of the law prioritize child protection, such as custody provisions that aim to provide a stable and safe environment for the child.
Guaranteeing rights: The law aims to guarantee that every individual receives their rights, whether in matters of marriage, divorce, alimony, or inheritance.
The role of social entities: Social researchers play a vital role in implementing the law by providing premarital family counseling and assessing who is best suited to provide a stable environment for the child, thus contributing to achieving social justice.
Adapting to social reality: The law aims to be amended to keep pace with social and economic developments and to effectively address family disputes. There is much discussion about amending the Personal Status Law of 2025. Does this law meet expectations and implement justice in general, and social justice in particular? This is what we will explore clearly in this research...
References
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The laws
1. The Iraqi constitution of 2005
2. Personal Status Law Amendment Law No. 188 of 1959 of 2025
3. Personal Status Law No. 188 of 1959.
4. Shiite Endowment Law No. 57 of 2012 .
5. Judicial rulings
6. Decision of the court of Cassation no. (14733/2025), issued by the personal status authority.
7. Decision of the Federal Court of Cassation No. 11185/personal status authority / 2025) .
8. Decision of the Federal Court of Cassation No. 17/2025 .
Journals and research
1. Dr. Ali Isa Al-Yaqoubi, research on Article 41, published in the Journal of the University of Baghdad ,issue 75 in 2025 .
2. Journal of judicial rulings, Article (2) related to matters with their purposes and Article (103) related to custom in contracts.
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