Menstruation is one of the most prominent indicators of female puberty and readiness for conception and childbirth. Its effect on the marriage contract is evident in determining a female's eligibility to marry, particularly when the legal age for marriage has not been reached, and a judge authorizes the marriage of a minor in cases of necessity. Menstruation also serves as an obstacle to the husband's right to engage in sexual intercourse with his wife. Additionally, it plays a direct role in divorce, influencing whether it can occur during this period. Menstruation further affects the determination of various waiting periods, including their initiation, alteration, and conclusion. In this research, we aim to examine the impact of menstruation on marriage and divorce from a comparative perspective, analyzing juristic opinions alongside relevant legal texts in personal status laws. This study is reinforced by judicial decisions issued by Iraqi courts. Moreover, we identify legal gaps and deficiencies in the provisions of the Iraqi Personal Status Law on this matter, proposing appropriate legal solutions to address these shortcomings.
Khawla Hussien (2025) studied this question.