An Article " The Balance Between the Judge’s Discretionary Power and the Protection of Rights in Personal Status Disputes: A Comparative Study " By Assistant Professor Muntadher hussien

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In legal systems worldwide, judges play a crucial role in resolving personal status disputes such as marriage, divorce, child custody, and inheritance. However, the extent of judicial discretion varies across different legal frameworks. While discretion allows flexibility and case-specific justice, it also raises concerns about fairness, consistency, and the protection of fundamental rights. Civil law systems, such as those in France and Germany, rely on codified statutes that limit judicial discretion, ensuring consistency while allowing limited flexibility in family law matters. In contrast, common law systems, such as those in the United States and the United Kingdom, provide judges with broader discretion due to case law and judicial precedents, offering individualized justice but also creating potential disparities. In many Middle Eastern countries, personal status laws incorporate Islamic principles, where judges may rely on religious texts and interpretations, but ongoing reforms seek to balance religious traditions with modern legal safeguards. The challenge lies in maintaining legal certainty while allowing flexibility, ensuring gender equality, and upholding human rights, particularly in cases where judicial discretion has led to gender biases in rulings on divorce, custody, and inheritance. Proper judicial training and oversight are crucial for maintaining fair and rights-based judgments. This discussion aligns with Sustainable Development Goal 16 (Peace, Justice, and Strong Institutions), which emphasizes access to justice, the development of fair and accountable legal institutions, and the protection of vulnerable individuals. A well-balanced approach to judicial discretion requires clear legal guidelines, respect for human rights, and judicial accountability. Comparative legal analysis helps in identifying best practices that ensure fairness, protect individuals' rights, and maintain judicial efficiency, contributing to just and stable societies in line with the principles of sustainable development.<br /><br />Almustaqbal university the number one university in Iraq