محل عقد الزواج

Abstract EN

In civil law, commentators usually do not address the marriage contract, and this may be due to two reasons, the first is that the marriage contract in Arab countries in general is subject to the provisions of Islamic Sharia, which is the only historical source for this contract.

Unlike contracts in civil law, which are a mixture of Islamic jurisprudence and Western laws.

As for the second reason, it is that what is contracted in the marriage contract or what is known as the subject of the marriage contract is not money, and it is known that what can be the subject of the contract are those things that do not depart from dealing by nature or by virtue of the law, according to the provisions of Article 61 of the Iraqi Civil Code.

The subject of the contract is always something that is included in the transaction, which means that it is valid to be the subject of financial rights.

And because the subject of the marriage contract is not money, the question then is as follows: What is the subject of the marriage contract? We will try through this research to answer this question.