The legal Regulation of crimes related to the marriage contract under Iraqi legislation
DOI:
https://doi.org/10.65263/edfc0s97Keywords:
(crime, marriage contract, coercion, prohibition)Abstract
Islamic law has emphasized that the marriage contract is based on the consent of both parties, and no one has the right to force others to marry someone they do not like or prevent them from marrying someone they love. Islam has built the family on affection and mercy and has given great importance to consent in the marriage contract because of its importance in building the family and society in a sound manner.
The Iraqi legislator has criminalized any act that coerces or prevents others from marrying, and rightly so, has prescribed a somewhat appropriate penalty for this crime.These crimes related to marriage contracts are serious, regardless of who coerces or prevents others, whether relatives or strangers. Due to the importance of these crimes, the Iraqi legislator addressed them in Article 9 of the amended Iraqi Personal Status Law of 1959, which remains in force.
In our research, we have tried to highlight these crimes due to their aforementioned importance. In order to be familiar with the subject of the research, we divided our research into two sections. We dedicated the first section to explaining the conceptual framework of crimes related to the marriage contract, while the second section was dedicated to explaining the legal organization of these crimes. Then we conclude the research with a conclusion that includes the most important results and suggestions we have reached.
References
The Holy Quran
I. Legal Books
1. Ahmed Al-Kubaisi, *Explanation of the Personal Status Law: Jurisprudence and Judicial Practice – Marriage, Divorce, and Their Effects*, Baghdad, Part I, 1970.
2. Ahmed Ali Al-Khatib, Hamad Obaid Al-Kubaisi, and Mohammed Abbas Al-Samarrai, *Explanation of the Personal Status Law*, Part I, 1980.
3. Ramses Behnam, *General Theory of Criminal Law*, Munsha’at Al-Ma’arif, Alexandria, 1971.
4. Sami Al-Nasrawi, *General Principles of Penal Law*, Vol. 1, 1977.
5. Dhari Khalil Mahmoud, *A Simplified Explanation of the Penal Law: General Part*, 1st ed., [Publisher Not Listed], [Place of Publication Not Listed], 2002.
6. Ali Hussein Al-Khalaf and Dr. Sultan Al-Shawi, *General Principles of Penal Law*, Al-Atik, Cairo, 2010.
7. Ali Rashid, *Criminal Law (Introduction and Fundamentals of General Theory)*, 2nd ed., Dar Al-Nahda Al-Arabiya, Cairo, 1974.
8. Fakhri Abdul-Razzaq Al-Hadithi, *Explanation of the Penal Law: General Part*, Al-Atik, Cairo, 2010.
9. Mahmoud Najib Hosni, *Explanation of the Penal Law: General Part*, 5th ed., Dar Al-Nahda Al-Arabiya, Cairo, 1982. 10. Abbas Ziyad Kamil Al-Saadi, *Provisions of Marriage and Divorce under Personal Status Law No. 188 of 1959 and its Amendments*, Zaki Office, Baghdad, 2016.
11. Mustafa Ibrahim Al-Zalmi, *Provisions of Marriage and Divorce in Comparative Islamic Jurisprudence: A Study Compared with Statutory Law*, 1st Edition, Ihsan Publishing and Distribution, 2014.
II. Research Papers:
1. Uday Talfah Muhammad Al-Douri, "The Crime of Preventing Marriage in Iraqi Legislation," research published in *Journal of Legal Studies*, Vol. 7, No. 2, 2021.
2. Reem Rami Al-Omari, "Coercion and its Effect on Marriage Contracts," research published in *Journal of Islamic Sciences*, Vol. 2, No. 3, 2019.
3. Taha Saleh Khalaf Hamid Al-Jubouri, "Coercion into Marriage: A Comparative Study," research published in *Al-Rafidain Journal of Law*, Vol. 15, No. 53, Year 17, 2012.
III. Websites:
1- Al-Maany Dictionary Website: www.almaany.com
2- Original Knowledge Bank Website: https://jmih.journals.ekb.eg
IV. Laws:
1- Iraqi Civil Law No. 40 of 1951 (in force).
2- Iraqi Personal Status Law No. 188 of 1959.
3- Iraqi Penal Code No. 111 of 1969.
4- Code of Sharia Provisions on Personal Status Matters According to the Shia Ja'fari School of Thought No. 1 of 2025.
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