Sources of the Iraqi Personal Status Law No. 188 of 1959 (as amended) / An Analytical Study

The issues related to personal status provisions are gaining increasing and continuous importance, due to their close connection to human life and the organization of family affairs, in addition to the emergence of many new issues and matters in this field that require delving into them, not only from the theoretical side as is the case in previous studies and research, but rather these provisions must be addressed from the practical, applied side and integrating legal jurisprudence with Islamic jurisprudence because we cannot hide the influence of Islamic law on personal status provisions, considering it the historical and original source of most of the texts contained in this law, in addition to being the official reserve source, as stipulated in the first paragraph of Article 1 of the Iraqi Personal Status Law No. 188 of 1959. However, this does not negate the fact that legislation is the primary official source for resolving disputes before the judiciary, and therefore we decided to search for the official sources of the law, in addition to the necessity of addressing the interpretative sources of this law, represented by the judiciary and Islamic jurisprudence, as a form of guidance and inspiration under the title of sources of personal status law.