أعراف شائعة في الأسرة بإقليم كوردستان العراق : دراسة مقاصدية

Abstract

This research addresses a set of common norms in the Kurdish families in the Iraqi Kurdistan region, specifically in the city of Erbir, the capital of the region. The purpose is to show the extent of their compatibility with Maqasid Al-Shariah (objectives of Shariah) and family conservation objectives. It also endeavours to evaluate the deviant norms and correct them in light of Maqasid Al-Shariah. Like any other Muslim family, the Kurdish family is governed by a set of norms which have become an axiom regardless of their compatibility with the rulings and Maqasid al-Shariah. To the best of the researcher’s knowledge, previous research has not triggered or conducted a study about this issue, and this is the gap this research aims to investigate. This research contributes to the body of literature by providing solutions based on Al-Shariah laws to reform what is wrong and address inaccuracies, in addition to preserving values and traditions that are compatible with Al-Shariah laws and its general objectives. The research addressed the reality of the contemporary Kurdish family and the most common norms among the family, whether it’s between spouses or between parents and their children. Moreover, it also addressed the norms related to current communication technologies. The research further revealed some common customs and norms known in the community regarding marriage, divorce and social relationships in light of the Al-Sharia purposes. The researcher used the inductive method to track the contents of the subject and observe the common norms, while adopting the analytical approach to evaluate these norms and the extent of its compatibility with Al-Sharia objectives. The researcher also conducted personal interviews aimed to drawing a general picture out of the real-time norms in the Kurdish families. Additionally, the researcher used the analytical method to demonstrate Al-Sharia law aspect of the family norms, and its Al-Sharia purposes in bringing benefit, ward off evil, and offer ways to reform them. The findings of this research revealed that most of the norms violate Al-Sharia laws and create negativity in the family, maintain problems between spouses regarding marital rights and means, spread incorrect views about women and divorce, and interfere in marriages. The researcher concluded with several important points: the necessity for family sessions, constructive efforts to educate the community and correct their misconceptions and their deviant norms. It is also imperative to establish special centers related to communication technology and enroll in training courses for those who wish to marry.