قراءة نقدية في تقنين احكام الفقه وصياغتها تطبيقاً على مسودة مشروع قانون الاسرة البحريني – الشق السني

The sun of the third century AD, had not emerged till the most cases turned from the state of Qatar to the mandate of the new world discipline, which used the mechanism of international law to impose his vision of life and behavior. The need of change has increased in various aspects mentioned in particular way the legal change in personal circumstances, in Gulf cooperation Council countries, which has seen a real revolution in of source in Rights and Judgments and its organizing. The first decade of the new century has not middel till the states of GCC have been transformed from a source of custom and Fiqh to the written legislate except for the two Kingdoms. There is no doubt that will be memorized stability and further from the turmoil, and arrogated to optimal consideration of provisions provided the overcome of real legislation on all other considerations. This will not be taken in fact without taking into account the basics of the formulating and applying legislations in the Franc of maintaining the principles of the society without omission the developments and changes. Although the Kingdom of Bahrain has not adopted legislation concerning personal status yet, It wishes so in the near. Many of civil society actors have provided legal ideas, and every one hopes to find specialists who adopted its idea as a suggestion or as a bill, but the drafts which have been disclosed in November 2005 represented the highlight of the ideas set in this regard. So, I choosed the Sunni draft. It’s one of the two drafts, to be applied as a practical example which represents practical figures of the basics of rationing and the formulation of family provisions of Islamic origin and I evaluate what is held in the form of articles. I suggest adopting what is supposed to be right and I hope to reconsider showing the face of weakness after proving that. This study is divided in to three chapters: The first chapter for the draft application and its setting conditions. The second chapter within it I treat the basics and formulation of the law by stating setting examples to show the faces of deficit which permate the law that didn’t consider the setting and the formulating basics. The third chapter I treat the draft articles by evaluation limited to show clear excellence doubts or aspects of the apparent deficit