Legal and practical problems of the difference in legislation in the federal state (polygamy in Iraq as a model)

Volume 13 , April 2025 , Pages 624-638

Authors

Ammar Abdulhussein Ali shah ; Kadhim Hamdan Sadkhan

DOI logo 10.17656/jlps.10314

Keywords

Abstract

Iraq is one of the countries whose laws are not enacted by a single legislative authority. Rather، there is a federal legislative authority that enacts laws، and in contrast، there is a legislative authority in the Kurdistan Region that enacts special laws that apply to the region and according to what is stated in the 2005 Constitution.

Sometimes there may be a discrepancy and conflict between the legislations of one country، as is the case when the federal legislator addresses the issue of polygamy in a manner different from the treatment provided by the regional legislator. This highlights the legal and realistic problems resulting from this difference in terms of the extent of its legitimacy and its compatibility with the provisions of the constitution and Islamic law? And that the constitution treats Iraqis equally without discrimination.

Through our study، we tried to review and analyze the legal texts، identify the defects contained therein، correct the legal gaps، and develop appropriate solutions to reorganize the issue of polygamy in light of Iraqi law in order to harmonize it with the constitutional rules and the tolerant Sharia.

Keywords: Legal problems، factual problems، polygamy، legislative defects

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  • First online25 April 2025
  • Published at25 April 2025

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