Risalat al-huquq Journal

This study examines the concept of exception in the marriage contract from both jurisprudential and legal perspectives, clarifying its meaning, scope, and impact on the general rule governing marriage provisions. Early Islamic jurists defined exception as the exclusion of certain cases from a general rule based on valid evidence, while later jurists further developed the concept by regulating its conditions, justifications, and applications in personal status matters in light of the objectives of Islamic law and social realities. In legal theory, exception is regarded as a legislative mechanism that ensures flexibility in applying general rules without undermining their stability.
The research focuses on the practical application of exception within the marriage contract by defining the scope of the general rule—covering its pillars, conditions, and legal effects—and identifying the exceptional cases that fall outside its framework due to necessity or public interest considerations. It concludes that the relationship between the general rule and the exception is one of interdependence and mutual influence; exceptions may arise from the application of general rules, and in some instances, a general rule may originate from what was initially an exceptional case. This interaction is reflected in the legislative approach of the Iraqi Personal Status Law No. 188 of 1959 (as amended), contributing to the balanced regulation of the marriage contract through a combination of stability and flexibility.

Civil liability for inherently hazardous medical products is one of the most complex issues facing legal studies and literature. With vaccines, the matter becomes even more delicate. A vaccine, intended to protect human health from the dangers of diseases and health crises, may itself be the primary cause of harm. This is especially true since, unlike other pharmaceutical products, vaccines are primarily administered to healthy individuals. While the liability of the vaccine manufacturer is established by certain criteria, another debate arises: the extent to which vaccine manufacturers can be exempted from liability for harm suffered by recipients due to certain factors that necessitate a re-evaluation of this liability. Some of these factors can be found in the general principles of civil liability, with some variations in their application, which we will attempt to highlight in this research. Other reasons for exemption stem from the unique nature of vaccines as medical products. Among the most important of these reasons is the manufacturer\'s compliance with production standards and instructions set by the authorities. Furthermore, there are other factors related to the limitations of human knowledge regarding medical products, which we will attempt to address through a comparative study of French and American law.