The Jurisprudential Rooting for the Project Amendments to the Iraqi Personal Status Law No. 188 of 1959 Projects Amendments for the years 2016 and 2021

This study relies on a jurisprudential methodology to substantiate the proposed legal texts as part of the draft amendments to the Iraqi Personal Status Law No. (188) of the year (1959). This is achieved by presenting the provisions of these amendments in light of the different schools of Islamic jurisprudence، examining their opinions، and assessing the suitability of the proposed legal amendments for individuals in society regarding their personal status.This study aims to achieve the following:1. Resolve the debate regarding the legitimacy of these amendments by presenting them in light of the various Islamic jurisprudential schools، so that Muslims understand that these amendments، represented by the legal texts، are simply another expression of what has been transmitted from Muslim jurists.2. Bridge the gap between the various Islamic jurisprudential schools of thought and condemn sectarian fanaticism by presenting the views of the jurists on each issue and highlighting those that align with the provisions established by the Iraqi legislation.3. The study calls for moderation and balance، highlighting how the Iraqi legislator has considered the most important principles established in Islamic jurisprudence. The study’s methodology follows the approach of substantiation with evidence، as this is fundamental in solidifying concepts. Since the focus is on substantiating proposed legal texts for amending the Personal Status Law، it was necessary to adopt and follow this approach in all aspects of the research.The researcher has divided the study into three sections. The first section serves as an introduction، consisting of three key topics closely related to the subsequent sections.The second section addresses the amendments related to marriage، divorce، and alimony، which are part of the 2016 draft amendments. It consists of six main demands.The third section focuses on the 2021 amendments concerning custody issues، which include the most contentious topics، organized into four main demands.