The legislative disparity in questions concerning the implications of the marriage contract between the Personal Status Law of Iraq and the Kurdistan Region - A comparative study
Volume 13 , April 2025 , Pages 339-355
Authors
Ali Taha Akrem ; Naeema Kamal Ali ; Goran Qadir Saeed
10.17656/jlps.10296
Keywords
Abstract
Given the critical legal implications of the marriage contract، such as alimony، custody، inheritance، and mandated will، the disparity in the provisions regulating these issues within personal status laws may negatively affect family stability. Therefore، unifying these laws at the national level is necessary to ensure justice and achieve legal harmony throughout the country.
The legal disparity in marital effects between Iraq and the Kurdistan Region appears due to the amendments that included some articles of the Personal Status Law in the region، which resulted in a difference in legislation between it and the rest of the country. This disparity challenges the courts in unifying legal standards، which may hinder the achievement of family justice and affect family stability. The Iraqi Council of Representatives’ approval of Law No. (1) of 2025، which includes an amendment to the Personal Status Law، has increased the severity of this disparity، as it was not limited to the region but extended to include other governorates or areas within the country. The new amendment allows for disparities in judicial rulings، resulting in major differences in Iraqi court decisions and complicating the equitable application of verdicts to individuals.
the article examines the disparities between the Personal Status Laws in Iraq and the Kurdistan Region regarding the effects of the marriage contract and its impact on family stability. It also discusses the implications of these differences on individual rights and judicial decisions، with reference to the recently ratified amendment to the Personal Status Law.
Keywords: Legislative disparity، personal status، implications of marriage contract، Iraq، Kurdistan Region، family stability.
Statistics
- Article view1049
- Downloads22
- First online25 April 2025
- Published at25 April 2025
- RIS
- BibTeX
- EndNote
- Mendeley
- APA (7th edition)
- MLA (9th edition)
- Chicago
- Harvard
- IEEE
- Vancouver