Analogy in Personal Status Matters

College of Law / Scientific Unit
🟦 Scientific Workshop titled “Analogy in Personal Status Matters”

The Scientific Unit at the College of Law / University of Fallujah held a scientific workshop entitled “Analogy in Personal Status Matters.”
The lecture was delivered by Prof. Dr. Adel Nasser Hussein, who discussed the importance of analogy (qiyas) as a legal tool for addressing issues not explicitly covered by the Personal Status Law.

The lecturer explained that the legislative texts governing personal status are limited in scope, which necessitates broadening their application to include new circumstances arising from social and technological developments, or cases sharing the same rationale (‘illah) as those addressed by the legislator.

Dr. Hussein also pointed out that Paragraph 1 of Article 1 of the Personal Status Law states:

“The legislative provisions of this law shall apply to all matters covered by the wording or the meaning of its texts.”

He clarified that this provision allows for the application of analogy to achieve justice and fill legislative gaps in this field.

The workshop concluded with an in-depth discussion among attendees on the practical applications of analogy in personal status cases and its role in the development of legal jurisprudence.

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