الزواج والطلاق في المجتمعين العراقي واليهودي القديمين (دراسة مقارنة)

الباحث

علي عدنان فاضل الحسيني

المشرف

كاظم جبر سلمان

الجامعة

جامعة بابل

الكلية / القسم

التربية للعلوم الإنسانية / التاريخ

الشهادة

ماجستير

السنة

2024

لغة الرسالة

عربي

الكلمات المفتاحية

الزواج والطلاق;العراق القديم;المجتمع اليهودي القديم;دراسة مقارنة

There is no doubt that personal status, especially marriage and divorce, was and still is the social aspect of most interest to the legal legislator, social researcher, and social studies, as it is considered one of the basic pillars of the social structure, and through it it is possible to infer and identify the weakness or cohesion of any ancient or modern society, etc. Their importance is indicated by the amount of legal legislation they enjoyed, whether divine or man-made, in the societies of the ancient Near East. Perhaps the most important societies that paid attention to these two phenomena are the ancient Iraqi society and the ancient Jewish society, as marriage is the foundational seed upon which each of them was based. For example, From the political aspect, it was necessary to have numbers of people to impose political power on other societies, and this can only be achieved through marriage. As for the social level, sexual reproduction had an impact on the individual’s social status and value among his other peers. As for the economic aspect, marriage and childbearing contribute effectively. By increasing the family’s material and moral income, especially since the societies of the ancient Near East, including ancient Iraq, were an agricultural society that needed labor consisting of men, women, and children, and even the ancient Jewish society, due to its mobile nature in the herding phase, needed a large number of offspring to benefit from it in the field of economics and politics. All of these things together can only happen With the presence of marriage It must be noted that marriage is an ancient social phenomenon dating back to the Stone Ages, in particularّ The Neolithic Age, in which ancient man transitioned from the stage of gathering food to another stageّ Its production, and this transformation is one of the most prominent justifications for the idea of marriage, but as for divorce, it is a social phenomenon It is important in the life of ancient man, and it gained priority in the ancient Iraqi and Jewish societies. Because it is an attempt to repair what society spoils in the marital relationship, as divorce is the last option that the spouses resort to to resolve and dissolve the relationship between them, The Iraqi legislator has paid attention in all eras that have passed in the history of ancient Iraq, starting with the Uru-ka-gina reforms and the Ornmu law. -Ur Namm) and the other laws that followed it, which are the laws of Lipit-Istar, and the law of Eshnunna, finally with the famous law of Hammurabi and the subsequent Babylonian and Assyrian legislation related to the subject of marriage and divorce. This is also the case with the Mosaic law and the provisions that followed it. Social media exaggerated the importance of the relationship between men and women and how Convening or canceling it Some researchers in ancient history believe that Jewish society was copied in one way or another Some of its customs and traditions are from ancient Iraqi society due to the nature of their social and political life Which occurred in the history of the two societies, most notably the case of captivity to which the Jewish community was subjecte The hands of the Babylonian and Assyrian king In this study, the researcher used the descriptive approach and the analytical approach in explaining the events Historical facts in a scientific and objective manner, and from this standpoint emerged the researcher’s desire to ... Study the topic, explain the similar and different things, and compare the two societies in terms of the relationship Marriage, not to mention that researchers stay away from the subject of comparison, especially with the Jewish community, because of what it has For political and religious reasons, the study came to clarify the possible influences and influences Condemnations are transmitted from one society to another, and the reasons and justifications that lead to this Impact. The researcher faced great difficulties in obtaining reliable sources, especially about ancient Jewish society, and the reason is due to the many and different opinions regarding the interpretation of the rulings that prevailed among them, in addition to the existence of the Torah, which is considered one of the most important sources, and there are several rulings that occurred on Ancient Jewish society during various periods of its history This study consisted of three chapters, each chapter containing two sections. The study is headed by an introduction in which the researcher explains the origins and development of the ancient Iraqi and Jewish societies, and the study concludes With a series of results that showed the similarities and differences between the two societies and their customs and traditions In the first chapter, the researcher touched on marriage in ancient Iraqi society, and it was in two sections The first: He studied the preliminaries of marriage in ancient Iraqi society and the first steps for it. As for the second: He studied the consequences of marriage in ancient Iraqi society and its types, as the researcher explained the subject of housing Spouses, polygamy, and the types of marriage that prevailed in ancient Iraqi society in various periods Its history In the second chapter, the researcher took a look at marriage in ancient Jewish society, and chapter The researcher did this with two sections as well. The first: he studied the preliminaries and first steps for marriage in society The ancient Jew, while in the second he studied the consequences of subsequent marriage and its types, and the researcher explained the important points What the two societies shared and the matters in which they differed . The third chapter was titled Divorce in the Ancient Iraqi and Jewish Societies. It touched on In it, the researcher examines the phenomenon of divorce in both societies, and in two sections, the first: dealing with divorce and its consequences in The ancient Iraqi society. The second talked about divorce and its consequences in the ancient Jewish society. To complete this historical study, the researcher relied on several Arab, Arabized, and foreign sources and references. Among the most prominent Arab sources on which the researcher relied was the book by Professor Taha Baqir (Introduction to the History of Ancient Civilizations, Part One, and the Book of Ancient Iraqi Laws) by Professor Fawzi Rashid. And the book by Professor Amer Suleiman, Law in Ancient Iraq), the book (Women’s Role and Status in Mesopotamian Civilization by Dr. Thelma Stian Aqrawi), and the book (Mesopotamia, the Babylonian and Assyrian Civilizations, by L. Della Porte, and the book Women in Jewish Law, Their Rights and Duties) by Dr. Suzan. Al-Saeed Youssef, and in studying ancient Jewish society, the researcher relied mainly on the Torah or the Holy Bible, and on the book of Professor (Roland Dufaux) The Children of Israel, Their Institutions and Legislation in Light of the Old Testament, Parts One and Two, and the book Jews in the First Civilizations by Gustave Le Bon. As for foreign sources, the researcher relied on the book The Assyrian Laws And the book by G.R.Driver, JohnC.Miles the babylonian laws book (The Oldest Code OF Laws IN The World The Code OF Laws) Promulgated by Hammurabi, King OF Babylon B.C.2285-2242 ) ّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّّ C.H.W.Johns) by the authorّ In conclusion, I hope that I have succeeded in this humble proposal, and God is the Grantor of success.

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البريد الإلكتروني

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