Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Dissolution of marriage in the laws of Iran and Iraq

Document Type : research

Authors
1 Ph.D. student of Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
2 Assistant Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
3 Assistant Professor of the Department of Law, Al-Mustansarih University, Iraq.
4 Assistant Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
10.22034/ejs.2024.467126.1867
Abstract
Background and Aim: Marriage is of great importance because it is in line with family formation and strengthens the foundation of the family, and the legislator in the laws of Iran and Iraq has made its conditions difficult with the aim of making its dissolution difficult. In fact, the dissolution of marriage in order to preserve the family center in Islam is not simple and is subject to specific rules.The purpose of this article is to examine the dissolution of marriage in the laws of Iran and Iraq.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that according to the laws of Iran, the marriage contract is terminated in three ways: divorce, annulment and extension of time, dissolution and termination of the marital relationship, but in Iraqi law, the dissolution of marriage is done by divorce, annulment, divorce and separation.
Conclusion: The methods of dissolution of marriage in the laws of Iran and Iraq are different due to the impact of the laws of the two countries on the rules of Imamiyya jurisprudence and the rules of Hanafiyyah.
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