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A legal perspective on premarital medical examination (An analytical study in Iraqi law) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 2, December 2023, Pages 717-750 PDF (1.23 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2023.181483 | ||
| Authors | ||
| محمد سعيد السعداوي* 1; Muhammad Saied Al-Saadawi2 | ||
| 1كلية الامام الكاظم ع للعلوم الاسلامية الجامعة اقسام الديوانية | ||
| 2Imam Al-Kadhim University College / Diwaniyah Departments | ||
| Abstract | ||
| The text of Paragraph (2) requires Article 10 of our effective Personal Status Law No. (188) of 1959, as amended. The spouses undergo a medical examination, stipulating that: “The statement shall be accompanied by a medical report confirming the spouses’ safety from contagious diseases and health contraindications...” But the text raises many questions such as: What is the ruling on marriage if one or both of them has a disease, but it can be treated with medication or a medical procedure that requires a specific time or not? The text requires the medical authority - whose legal accreditation standard has not been specified. Should it be a governmental institution, despite its modern medical poverty, as is known? Or may it be a private institution by approving its official license for this work - informing the court whether the spouses are in good health or not, and it is not specified for that body to answer the examination regarding the extent of the possibility, means and duration of recovery from the health barrier specified in the report. Perhaps this topic and the obligation included in the text regulating it - despite its uniqueness in regulating the topic despite its importance - has suffered from many shortcomings, starting from its legislative and applied legal details, from the timing and method of conducting it, and the cases of non-obligation and adherence to it, all the way to what is obligatory in its entirety, in terms of its legislative transgression. | ||
| Keywords | ||
| Medical Examination؛; Marriage؛; Responsibility؛; law؛ ؛؛; Diseases | ||
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