The Rule of Establishing the Jurisprudence in Judicial Separation

This research dealt with the topic of “The rule of establishing the role of jurisprudence in judicial separation”, highlighting the jurisprudential and legal basis for separation between spouses, and its impact on achieving social justice. The research started from defining judicial separation in language and terminology, explaining its legitimacy and importance in achieving justice and removing harm. It also focused on the role of the principles of jurisprudence and the jurisprudential rules that influence the issuance of judicial rulings related to separation. The research reviewed the types of judicial separation, such as separation due to harm, failure to provide for, insolvency, and the absence or imprisonment of the husband, with an analysis of the legal rulings for these cases and a comparison with Iraqi law. The judicial procedures followed in separation cases were also studied, as well as the role of judicial interpretation in achieving flexibility and justice according to Islamic law. In the last section, the research discussed the emerging effects of separation on spouses, children, and society, and conducted a detailed comparison between jurisprudence and law, highlighting the similarities and differences. The research aims to enhance understanding of the jurisprudential and legal rules related to judicial separation, and to provide recommendations to improve the role of the judiciary in addressing family issues in a way that achieves the objectives of Sharia and ensures justice. Finally, the research concluded with a set of conclusions, recommendations and proposals.