الزواج السياحي و آثاره : دراسة مقارنة بين الشريعة الإسلامية و قوانين الأحوال الشخصية

الملخص EN

Currently, a tourist marriage is an updated form of marriage contracts.

A tourist or travel marriage seemingly meets all the conditions and pillars of correct marriage contract in terms of sharia and law.

However, in the intention of the tourist after the end of period of his tourism or travel to divorce his wife, leaving his wife and sometimes a child without maintenance and parentage.

Recently, offices and websites have appeared claiming tourist marriage between girls in these countries and tourists during their stay there.

However, in reality, this marriage is a form of trafficking in women under the heading of tourist marriage.

Throughout this research, we tried to clarify the concept, types, reasons and effects of tourist marriage to distinguish it from the legal marriage.

We also talked about its verdict in Sharia and law.

Since most of the personal status laws in the Arab countries and Iraq are silent about this dangerous phenomenon and unlike its studies in terms of Sharia and social studies, it did not legally regulate, therefore we tried to offer to Iraqi legislator a legal regulation for this type of marriage.

We aim from these texts to block a way for the conclusion of a tourist marriage contract and to determine the ruling on tourist marriage and its implications for the judge and the two parties, and the punishment for who concludes this type of contract.

We also aim to introduction of civil protection for the women who included in this type of marriage and her child from this marriage and to protect their material and moral rights.