Faculty of Law – University of Kufa Official Site – Faculty of Law
In the presence of the Dean, Prof. Dr. Saeed Ali Ghafel, the respected Faculty of Law at the University of Kufa, discussed the master’s thesis titled (Objective penal liability arising from family negligence in Iraqi legislation – a comparative study) for the student (Saba Ali Ati Owaid) in the hall of the scholar Dr. Abdul Majeed Al-Hakim. Following the committee’s discussion with the researcher, the thesis was accepted, and the recommendation to grant the certificate. The thesis included a large number of family problems and the resulting negligence and shortcomings against members of the same family, as well as the reluctance of the role of the state and its institutions in combating these problems and the causes that lead to them, such as poverty, unemployment, lack of awareness and the adverse effects that these problems may lead to on society, led to the spread of the crime of negligence The family, which cast a shadow over the lives of individuals in its various aspects, also led to the destabilization and dissolution of the family situation, until it became disintegrated and dissolved. Besides it, the disadvantages that also affected society and not only the family, and perhaps the most prominent of these problems is the problem of neglect, negligence, or abandonment of the family. The crimes are new and new, represented in the carelessness or negligence issued by the official towards a family member, as there are many forms of this crime, and it may occur in many shapes and types. The essential element in society is the woman, whether she is a girl, a mother, or his wife, and it also falls on the children, whether they are children or young adults. The basis for committing this crime is the neglect or negligence of the family. It resulted from the abandonment of the person in charge of the family, whether the father, grandfather, or any person entrusted with the protection and care of family members, which prompted jurisprudence to search for the term family neglect and clarify its definition and what meant by it, as these vocabulary are new on the ground; Therefore, they did not agree to put a comprehensive and comprehensive description of it. This crime has several characteristics that are unique to it and distinguish it from other crimes, in addition to the fact that it often has a fixed condition, as it is always a misdemeanor except for what is excluded. Some crimes are similar in terms of the result and cause leading to them and the condition that brings them together, so they are identical. Some self-characteristics differ in the material action that constitutes them. Perhaps the most prominent form of the widespread crime of family neglect is the crime of non-payment of alimony, whether for the wife or the children. The most common crime is exposing a child to danger, which also has its seriousness because this act entails leaving the child without protection and care. On this basis, the Iraqi legislator and most Arab and foreign countries have legislated crimes related to the family system; we called it: family neglect.
