قانون مناهضة العنف الأسري في إقليم كوردستان العراق : دراسة تحليلية في ضوء مقاصد الشريعة

Abstract

Domestic violence, also known as domestic abuse or family violence, is a social phe-nomenon spread in various world societies, and the Kurdistan Region of Iraq is not immune to it. Recently, the region has been witnessing a significant increase in do-mestic violence cases, which is attributed to the effects of social, economic, political, technological, and media globalization concepts on the Kurdish community. This has adversely affected the Kurdish woman and families, as they are exposed to waves of deception, discussions and controversies escalated over the way of life, demands for rights, and the escape from duties. As such, wrangles heightened among many spous-es, and their children, causing domestic violence. Consequently, the "Law on Combat-ing Domestic Violence in the Kurdistan Region - Iraq" was issued, the princi-pal point of focus in this research. This research consists of an introductory chapter followed by other five chapters to address the concept of domestic violence, its forms, and causes in the Kurdistan Region of Iraq. The research also aims to provide preven-tive solutions and precautionary measures to limit its spread, and handle it in light of the law, Islamic law aim, and its overall rules. To achieve the objective of this re-search, the researcher adopted an inductive approach and the descriptive-analytical approached based on conducting personal interviews with the relevant segments. This study concluded that the causes of domestic violence in the region are numerous and varied, and not limited to one type. There are social, economic, legal, as well as tech-nological and media reasons, foremost of which is ignorance marriage objectives and the weakness of religious faith leading to the occurrence and spread of domestic vio-lence in the region. The researcher that self-censorship of faith and proper family up-bringing of the individual are effective methods for preventing domestic violence, In addition to that, the researcher suggested other preventive solutions to address this phenomenon in light of the objectives of the Shariah, represented in family aware-ness, media reform, and the proper use of modern technology. The researcher reached a set of results and recommendations, the most prominent of which are: the need to amend and correct the law in a manner consistent with the objectives of Shariah, good matrimonial relation, building the family in the light of Islam, avoiding intoxicants, avoiding the negative interference of parents in the life of the spouses, and integrating the subject “marital and family upbringing culture” within the academic curriculum.