شرط عدم الزواج في القانون العراقي

Abstract EN

Marriage occurs due to a bond governed by special laws which are primarily documented in the Holy Book 'Quran' and the Sunnah of Prophet Mohammed (PBUH).

In this bond each of the parties states their demands and wishes; which once met and agreed upon willingly by them, the bond comes into being.

The marriage bond also imposes commitments and rights on both parties to furnish their needs.

However, the spouses, one or both, might sometimes discover an excess or deficiency in the regular rights and commitments that the marriage bond designates.

In such a case the spouses ،one or both, tend to append stipulations, intending them to achieve certain effects other than those already designated by the marriage bond apriori.

These newly added stipulations are called 'the bond's conjoined stipulations'.

One of these stipulations is when the wife requires the husband not to polygamize.

This stipulation is included in most of the clauses (3) and (4) of Article (6) in the Iraqi Personal Status Law, which is effective in adjudication and effect.

We have tried to identify the legality of this condition, its legal respect, controls, and its effect on the marriage contract, and the parties.

The law has decided a penalty for the husband's violation of his wife's condition , which is to give the wife the right to annul the marriage contract .

But we believe that this husband's penalty causes the wife to lose some of her rights, or at least the law did not decided for her what she deserves, compared to the divorced wife But we believe that the dissolution of the marriage contract is an incomplete theory in our personal status law.

We have decided to discuss the treatment of the law to their issues.