Ruling on naming the newborn to the mother (Comparative study between Sharia and Iraqi law) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 28, Volume 13, Issue : 2 part 1, September 2023, Pages 831-883 PDF (1.16 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142432.1053 | ||
| Author | ||
| Yousif Ali Hassan AL-Dawoudi* | ||
| University of Salahaddin/Faculty of Education-makhmur | ||
| Abstract | ||
| In this paper, I have defined lineage through the scope of Islamic sharia and legally and elaborated the reasons for its legitimacy, namely: marriage and offspring. I have further detailed the primary ways of validation which are: bedding, declaration, evidence, lineage tracing, and genetic testing. I discussed the ruling on attributing the newborn to the mother, and mentioned some cases in which the newborn is attributed to the mother, such as: Oath of condemnation, adultery, and rape. I elaborated on the ruling on proving the lineage of an abandoned child, and the ruling on proving the lineage of a newborn from a Yazidi woman survivor of ISIS in Islamic law and in the Iraqi Personal Status Law, and compared the provisions of lineage between Islamic law and the Iraqi Personal Status Law, and gave preference to the rulings according to the evidence found. This research deals with a variety of issues related to the attribution of the newborn to the mother, based on the problems of the research and as a precaution against deviating from what is intended. Islamic law and the Iraqi personal status law? Is it permissible, legally or legally, to place the child for the mother? And if the answer is yes, then what are the cases in which the child is attributed to the mother? What is the ruling on proving the paternity of a foundling in Islamic law and in the Iraqi Personal Status Law? | ||
| Keywords | ||
| lineage,,; ,،bed,,; ,،genetics,,; ,،circumstances | ||
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