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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The role of women in the rules of attribution related to marriage and its effects

SHSana HassanZAZana Aziz

Key Points

  • This study aims to explore the legal status of women in marriage, focusing on the disparities caused by nationality law in Iraq.
  • Analyzed the substantive and formal conditions for marriage and its dissolution under Iraqi law.
  • Compared Iraqi laws with those of Egypt and Tunisia to assess women's legal status in marriage.
  • Conducted a detailed examination of the principles of equality between spouses as applied in legislation.
  • Found that Iraqi law privileges the husband's nationality, impacting the legal status of foreign wives.
  • Identified arbitrary elements in the legislation that disregard the wife's law and rights.
  • Proposed legislative remedies to enhance women's legal status based on comparative legal analysis.

Abstract

He organized special rules regarding the substantive and formal conditions for contracting and ending a marriage, and granted an Iraqi woman married to a foreigner a legal status in applying her law, but a foreign woman married to an Iraqi is deprived of this privilege. He gave privilege to the husband’s nationality law in the effects of marriage and ignored the wife’s law, meaning it was not applied. The principle of equality between spouses and this is considered arbitrary by the Iraqi legislator, and these and other cases related to the subject of the study were researched in detail to reach legislative treatments that are applicable in reality through an analytical, original and comparative approach with Egyptian and Tunisian law and a statement of the extent to which women enjoy their legal status in light of this. Laws.The marital bond is an important legal bond, and it plays a major role in creating a harmonious and harmonious society. Because it is based on religious foundations and social customs, and the Iraqi legislator and comparative legislation were keen on this subject, so they established special attribution rules for the marital bond since its conclusion and the effects resulting from it, especially the Iraqi Civil Law as well as the Personal Status Law, and in the same direction the comparative Arab laws

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Cite This Study

Hassan et al. (2024) studied this question.

synapsesocial.com/papers/6a06b81ce7dec685947aa987https://doi.org/10.37651/aujlps.2024.146337.1172
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