Discontinuous marriage in the Iraqi Personal Status Law No: 188 of 1959

Abstract

The interrupted marriage contract (temporary marriage) is one of the contracts approved by the Islamic Sharia, and its provisions and the effects that follow from it are clarified. However, the Iraqi law in its legislation for the provisions of personal status did not address it or its provisions, and it is possible to benefit from the use of the expressions found in its texts; To include the provisions of the interrupted marriage, and at the same time, the Iraqi judiciary went in many of its decisions by not recognizing it and making it one of the corrupt marriages, forgetting the role of Islamic law in its legislation and the statement of its provisions, and we see that the interrupted marriage if the provisions of the Iraqi Personal Status Law No. 188 of 1959 as amended are applied on him; We find its legal legitimacy, and leaves the issue of working with it in accordance with jurisprudential opinions and imitation, according to the freedom granted by the Constitution of the Republic of Iraq for the year 2005, which allowed the Iraqi people freedom of religion without restricting it, as the text was clear and explicit in Article 41 of it by saying: (Iraqis are free to abide their personal status according to their religions, sects, beliefs or choices).