Abstract

The search for the legitimate government of the greatest bring him closer to one's God Almighty, which is undoubtedly the intent of Islamic law, and therefore is Islamic jurisprudence of supervised science as a whole; If contact rule Method Elimination of the matter becomes even more important, because the rule is not limited to wearing Balmklv but also to the judge who will ask about his day of judgment, and to the legislature which enacts laws mandated to achieve the interests of Muslims in the world and the Hereafter.One of these judicial rulings; what is known today in the Arab laws (b commandment due), one of the types of realization of rights and delivery to the intended recipients, however, that the difference in the necessity of the commandment is not new, has spoken of scholars, past and present, which requires us to discuss this partial of jurisprudence commensurate with the importance of being related rights on the one hand, and in line with the spirit and purposes of Islamic law based on the distribution of the estate is just on the other.The study consisted of three sections:• The first topic: the definition of the commandment in general, and then define the binding and the wisdom of the legislation.• The second topic: in the words of scholars and scientists in the binding, and discuss their evidence in some detail and the most correct statement of them.• The third section; was due in a statement commandment in the law and its relation to jurisprudence, then the binding statement images that reached after discussing the words of the jurists, and then the terms of the binding law and amount.• Conclusion then showed the most important results, as well as a proposal to amend Article seventy-fourth of Iraqi Personal Status Law

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The article was added to IASJ on 2014-06-12

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