Title in English:
Lack of authoritative verdicts of personal status courts when they conflict with provisions to resolve the legitimacy and integrity
Abstract in English:
Not surprising that the ruling winning force of res judicata prevents opponents from returning to discuss the issue Altephsal this provision in any subsequent lawsuit where this issue. This is what went to him the Iraqi legislature in Article (105) of the Evidence Act as stipulated he (the verdicts of the Iraqi courts which have earned the degree bits are argument including separated it from the rights if united parties in the case have not changed their attributes and attaches conflict same right shops and reason). And Muslim Hmamn that rule when he categorically watershed in all or part of the conflict, it would be to Hhadjih acquired from the moment of its release, a authoritative exhausted the mandate of the court and it will not consider the same subject in the future when attached to the same right shops and reason.
As well as authoritative provisions in statutory law have their origin in Islamic law and extrapolating sources of Islamic jurisprudence is clear that the report by scholars in this regard went to the litigation on one level, and the parent have not returned the judge for spending Flo said returned for a judicial or signed in coating witnesses or revoked rule is not valid and the elimination of yore, not the exception of the only cases cited by scholars limited to, as there was no way to correct judgment in these cases only by issued.
However organize the Iraqi legislature in the Code of Civil Procedure for ways to appeal, there is no place for re judge to consider its provisions after the exhaustion of the appeal, decisive for the rights and to prevent the perpetuation of discounts as long as that litigation is no longer limited to one notch. While law scholars did not collect on the introduction of the principle authoritative judgments on the launch but a closer look at the exceptions, which received it is clear that they are not, in fact, only faces to reconsider the conflict met the faces of appeal in the provisions stipulated in the laws of modern including a list ranking the Islamic courts, which singled Pope special attention to ways challenged.
However, the verdicts in things non-financial not gaining authentic acquired by civilian rule if the contents of the judgment is contrary to the rule of legitimate, the basic principle in Islamic jurisprudence, he should each judge lifted him feud within its competence, and discovers that a ruling is issued contrary to the provisions legitimacy considered, or contrary to good governance and previously issued it, that invalidate that provision, the first rule is implemented. Therefore, the provisions of Code of Civil Procedure designated Palmdd for review ways to challenge the decision does not apply to the case is legitimate only to the extent that it not conflict with the nature of the case because of the lawsuit the legality of the special nature related each Bnzamal_husbh and solution and privacy. This settled by the Federal Court of Cassation in Iraq.