A comparative study of the principles and rulings governing personal status in the civil laws of Iran and Iraq

Abstract

The topic of “Comparative study of principles and rulings governing personal status in the civil laws of Iran and Iraq” is one of the important topics in the field of civil and family law, which, given the cultural, religious and historical similarities between the two countries, plays a significant role in better understanding and promoting laws related to personal status. This research aims to identify and accurately analyze the principles, rules and rulings related to personal status issues, including birth, identity, citizenship, marriage, divorce, guardianship, custody and will in the legal systems of Iran and Iraq. The research method is comparative-analytical and based on the study of legal, jurisprudential texts and judicial opinions of both countries, it explains the key similarities and differences. The findings show that although Iran and Iraq have many similar principles and rulings in personal status laws due to cultural and religious ties, there are also differences in the way laws are implemented, the way jurisprudential interpretation is carried out and the extent of the impact of new civil laws. In particular, issues such as marriage and divorce, the application of guardianship and custody, and regulations related to citizenship in both countries have legal and procedural differences that are rooted in the different interpretations of Shiite and Sunni jurists and the specific legal structures of each country. These differences have not only created challenges for the legal systems of each country, but also provided opportunities for the exchange of legal experiences and reform of laws in order to increase justice and further protect the rights of individuals, especially women and children. Therefore, by presenting a comparative model, this research can help strengthen legal cooperation and promote the level of coordination of laws in the field of personal status between Iran and Iraq and provide a platform for the development of family law in the region. The results obtained can be a guide for legislators, lawyers, and legal researchers to take steps to improve the quality of the legal system and guarantee the rights of citizens while preserving local and religious characteristics.