The Impact of Menstruation on Marriage and Divorce Contracts: A Comparative Analytical Study between Islamic Law and Personal Status Laws

Hussien, Khawla Hamza

doi:10.37651/aujlps.2024.154602.1375

	The Impact of Menstruation on Marriage and Divorce Contracts: A Comparative Analytical Study between Islamic Law and Personal Status Laws
Journal of Anbar University for Law and Political Sciences
Article 3, Volume 15, Issue: 1 part 1, March 2025, Pages 70-109 PDF (912.43 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.154602.1375
Author
Khawla Hamza Hussien^*
Erbil Polytechnic University- Erbil Technical Administrative Institute - Department of Legal Administration
Abstract
Menstruation is one of the most prominent indicators of female puberty and readiness for conception and childbirth. Its effect on the marriage contract is evident in determining a female's eligibility to marry, particularly when the legal age for marriage has not been reached, and a judge authorizes the marriage of a minor in cases of necessity. Menstruation also serves as an obstacle to the husband's right to engage in sexual intercourse with his wife. Additionally, it plays a direct role in divorce, influencing whether it can occur during this period. Menstruation further affects the determination of various waiting periods, including their initiation, alteration, and conclusion. In this research, we aim to examine the impact of menstruation on marriage and divorce from a comparative perspective, analyzing juristic opinions alongside relevant legal texts in personal status laws. This study is reinforced by judicial decisions issued by Iraqi courts. Moreover, we identify legal gaps and deficiencies in the provisions of the Iraqi Personal Status Law on this matter, proposing appropriate legal solutions to address these shortcomings.
Keywords
Effect of menstruation; marriage; puberty; right to chastity (enjoyment); divorce during menstruation

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