The extent of compatibility between family rights in Iraqi personal status law and Ja'fari jurisprudence: A Comparative Study

Abstract

This research addresses the compatibility of family rights between Iraq’s Personal Status Law No. 188 of 1959 and the Jaʿfari jurisprudence, particularly in light of the amendment that allowed the application of the Jaʿfari Personal Status Code. It explores the origins of the unified law and its objectives, alongside the development of the Jaʿfari code and its jurisprudential foundations. The study compares both systems in key areas such as marriage, guardianship, age, polygamy, divorce, custody, inheritance, and evidentiary procedures. It highlights points of convergence that reflect shared aims in protecting the family, while also identifying fundamental differences that may create legal disparities among citizens. The research further evaluates the impact of these differences on women’s and children’s rights and on registration and litigation procedures, analyzing their alignment with Iraq’s international human rights obligations. The findings conclude that partial compatibility exists, but achieving balance requires legislative and procedural safeguards to reconcile religious freedom with the protection of fundamental rights.