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Document Type

Original Study

Abstract

The legal referendum in the religion of God Almighty has a high status and his family have assumed the position of the heirs of the prophets in the nation, and the legal referendum is news of the legal ruling coupled with evidence by the mufti of a specific fact or issue, and that the legal ruling that is the result of a legal referendum differs from man-made laws in its source and extent. The judge’s obligation to implement them, for the judge is initially obligated to implement the laws set by the legislator, but the legislator obliged him to resort to a legal referendum in some personal status issues that the legislator did not address and left them to the principles of Islamic law that are more appropriate to the Iraqi personal status law. Thus, the judge’s authority is not absolute in resorting to To the legal referendum, but only by way of gradualness. Thus, the legal referendum has an impact on the adaptation of the civil case. This seems clear by referring to the decisions of the Federal Court of Cassation, as the judiciary of this court has established that the judge must resort to the legal referendum in issues that have no text in the Iraqi Personal Status Law.

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