The Effects of Legal Incapacity in Non-Financial Proceedings (Bankruptcy Declaration and Interdiction Actions): A Comparative Study of Imami (Ja'fari) Islamic Jurisprudence, Iraqi Law, and Iranian Law

Abstract

This study examines the effects of legal incapacity on non-financial lawsuits, with particular emphasis on bankruptcy declaration and interdiction proceedings, through a comparative analysis of Imami (Ja'fari) Islamic jurisprudence, Iraqi law, and Iranian law. It aims to clarify the impact of legal incapacity on the validity of legal proceedings, procedural capacity, and the legal representation of persons lacking or possessing limited legal capacity before the courts. The study identifies the similarities and differences among the three legal systems and analyzes the jurisprudential and legislative foundations governing legal protection in such cases. It concludes that Imami (Ja'fari) jurisprudence has significantly influenced Iranian legislation, while Iraqi law adopts an independent legal framework with several common principles. The study recommends further legislative development to strengthen legal protection and ensure procedural fairness in non-financial lawsuits.