The jurisprudence of family counseling View and analyze

Master Thesis

Student:  Azhaar Jaafar Hussein

Supervised by: A.D.Muhammed Husayn Aboud Al-Tai

Major: Sharia and Islamic Sciences

Publish Date: 2022

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Abstract

The family is the first human cell in building society. It is the first school in which the individual learns morals and acquires values and beliefs that are the first seed in building his personality and its impact on his family and social relationship. Therefore, we find that Islam has given the family a great interest in laying the foundations and sound rules in building the family before marriage in the beginning. In choosing a good husband or wife, stressing on choosing the attribute of religion over the rest of the attributes because of its impact on building a good and sound family from moral deviations and behavioral disturbances that threaten the security and stability of the family. In addition, we find that the family system in Islam is based on legal foundations and jurisprudential provisions that balance rights and duties According to the structural differences and individual differences between family members, taking into account the appropriate role that each one of them plays, and since the family is a small institution that brings together individuals who live under one roof and are linked by common ties, but it is the largest influential force in building the individual and society, no educational or social institution can It plays the role of the family and performs its biological, psychological, educational, economic and other vital functions performed by families. Marriage is a common bond between two people who differ in ideas, education, social environment, and the level of family culture, as well as the difference in tendencies and desires, so it is natural for them to arise between them. The marital disputes between Islamic jurisprudence are the legal treatments for them at the beginning from within the family, such as cohabitation with goodness and disobedience in order to preserve the family framework from rupture, and sometimes they escalate to become major problems that deviate from finding solutions within the family framework, so the marital bond between them becomes tense or may reach collapse. By treating it and starting to intervene, those who are scientifically and jurisprudently qualified in managing the problem and finding appropriate solutions to it, so the urgent need for family guidance appears, as it is considered an ingredient for troubled behaviors and abnormal morals to return the family to the path of compatibility and stability. We also find that the development of life and the entry of modern technology in addition to the reality of families new problems that differ From what it was before, what we find today is an increase in cases of family disintegration, divorce, violence, and Murder crimes, and this shows the absence of the role of guiding institutions on the reality of life. There is no doubt that jurisprudence has a great position among Islamic sciences because it is the basic requirement in organizing people’s lives, as it is not upright without reference to it in every small and large. It should be noted that family guidance is subject to a number of jurisprudential rulings. Which shows the legitimate treatments for family problems as well as the provisions of the family guide and the ethics that he must possess in order to perform this human service, which is the backbone on which the psychologically, educationally and socially balanced family structure is based. The noble Sunnah, the honorable Sunnah and the sound mind, and this highlights the flexibility of Islamic jurisprudence and its inclusion of all events and facts in every time and place. Therefore, the research required that it be in three chapters, the first of which deals with the vocabulary and terminology of jurisprudence, family and guidance, and an explanation of the concept of family guidance, its objectives and the need for it, as well as its methods, approaches and obstacles facing it. The counseling process, while the second chapter included evidence of the legality of family counseling in the Holy Qur’an Karim and the honorable Sunnah and reason The message was concluded in the third chapter, which dealt with the family guide and his jurisprudential rulings and the qualifications that he possesses in the guiding process and the effects of family counseling with a mention of some contemporary family problems and the opinions of contemporary jurists in dealing with them, then the conclusion of the results and recommendations