Abandoning the sermon and its effects in Islamic jurisprudence and the Iraqi Personal Status Law

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Professor Dr. Abbas Hussein Fayyad

Abstract

The basis in the marital relationship is contentment and good choice, because this
relationship is not an emergency or a temporary friendship, but rather a permanent
relationship and a continuous partnership to carry out the burdens of material and
spiritual life, and it is the basis for the formation of the family, which is the nucleus of
society, which is reformed with its righteousness and corrupted by its corruption, as it is a
path to achieving happiness. Or misfortune for spouses, children and society, which is the
way to reproduce and preserve the human race from extinction, Therefore, both men and
women should be patient and make a good choice of those who guarantee them happiness
in this world and the hereafter, because marriage is a great matter and not an easy matter,
so its preludes and foundations must be at this level, so the subject of engagement is
taken at the highest level seriously, and since it is not a necessary contract. Is it
permissible for the two betrothed to abandon the engagement, and if the abandonment
takes place, does this have a legitimate and legal effect on the one who abandons his wife
and leaves the subject of the engagement or not? Especially since it has emerged from the
jurists of Sharia and law who demand compensation for the moral damage caused by the
one who abandons the engagement to the other party

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