مدى تعارض حقوق المرأة المطلقة في التشريع العراقي لثوابت الإسلام

Abstract EN

Some of the rights of divorced women in light of the effective Iraqi personal status law no.

188 of 1959, as amended, and the related legislation, have stirred controversy among some religious circles, as well as the people and husbands, on the grounds that they are in violation of the principles of Islam, especially the four rights, which are the dowry denominated in gold - compensation for arbitrary divorce - the wife's right to residency the right to custody) and voices escalated calling for the need to abolish such legislation and return to the provisions of personal status according to the couple's doctrine, based on the text of article (41) of the permanent constitution of 2005 : (Iraqis are free to abide by their personal status according to their religions, sects or beliefs or their choices, and this is regulated by law), but the matter went beyond that, as appeals were lodged before the federal court regarding the texts of those articles or laws on the pretense of fearing them with the text of article (2) : (first : Islam is the official religion of the state, and it is a basic source of legislation : a - no it is permissible to enact a law that contradicts the constants of the provisions of Islam...), this study is a statement of the extent of the constitutionality of these rights and does it actually conflict with the constants of Islam or no.?