The Legal Regulation of Polygamy in Iraqi Personal Status Law and the Ja'fari Code

Abstract

This research addresses the legal regulation of polygamy in Iraqi personal status law and the Ja'fari code through a comparative analytical study. It aims to clarify the jurisprudential and legal basis for polygamy in both systems. The first section discusses the conceptual and jurisprudential framework of polygamy in Islamic law, explaining the concept of polygamy and its legal basis, as well as the most important regulations governing it, primarily the conditions of justice and financial capability. The second section examines the legal regulation of polygamy in Iraqi personal status law, outlining the conditions set by the Iraqi legislator for permitting polygamy, such as obtaining court permission, having a legitimate legal justification, and demonstrating financial capability. It also explains the role of the judiciary in overseeing this matter and the legal consequences of violating these conditions. The third section is dedicated to studying the jurisprudential framework for polygamy in the Ja'fari legal code, clarifying the jurisprudential basis upon which Ja'fari jurisprudence permits polygamy, the regulations governing it, and then conducting a comparative study between this framework and the legal framework established by the Iraqi Personal Status Law. The research concluded that there are several points of agreement between the two systems, most notably the recognition of the legitimacy of polygamy and the requirement of achieving justice among wives and the husband's financial capacity. However, some differences emerge in the nature of the restrictions imposed on polygamy, particularly concerning the role of the judiciary and the legal procedures necessary to finalize a second marriage.