Disruption in society between Islamic jurisprudence and Iraqi law (a comparative study)

Abstract

    There is an ancient social phenomenon among members of society who suffer from the disease of envy and malice. It is the phenomenon of sabotage. In short, it is someone’s attempt to corrupt a married woman or a married man by sowing division between them and the goal is to separate the spouses. There are many goals for that, and there is a difference between sabotage and incitement, as incitement It aims to commit a specific crime, for which the instigator has reasons to do so, such as murder, theft, a felony, or other things. As for concealment, the main goal is to marry that married woman after concealing her, or the marriage of that woman after concealing the married husband. This phenomenon threatens the peaceful coexistence of the family and society. The aim of this study is to explain the jurisprudential and legal impact on the perpetrators of this crime, which is considered one of the bad negative phenomena among members of the Islamic community. We may conclude from this study that Islamic jurisprudence has made

this phenomenon taboo as evidenced by the verses. The Qur’anic Qur’an and the noble hadiths have unanimously agreed that they are forbidden. As for the law, some countries have enacted criminal penalties on those who commit them, such as Jordan and Kuwait. However, we did not find in the legal project any hint or article that criminalizes its perpetrators. Hence, we must clarify and clarify this issue from a jurisprudential and legal perspective. As we see, cheating in its general form is not limited to spouses Rather, everyone who seeks to differentiate between members of the family and society is considered to be in violation of Islamic law and the law, and legislators must create modern social laws that are compatible with the development that the world is witnessing from the spread of social networking sites and programs, which is an important cause of corruption in the family and society because they are not used in the correct and beneficial manner that is compatible with society. Islamic customs and traditions. Based on the requirements of the study, we divided our research into three sections that include defining the term “takhbib” linguistically and terminologically, and explaining “tahbib” from the point of view of Islamic jurisprudence and positive laws.