Agency in establishing and dissolving the marital bond, a comparative legal study with Islamic jurisprudence

Muslim, Shorouk Karim; Al Shamry, Haider Hussein Kazem

doi:10.37651/aujlps.2024.153380.1347

	Agency in establishing and dissolving the marital bond, a comparative legal study with Islamic jurisprudence
Journal of Anbar University for Law and Political Sciences
Article 36, Volume 15, Issue: 1 part 1, March 2025, Pages 997-1028 PDF (707.89 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.153380.1347
Authors
Shorouk Karim Muslim^* ¹; Haider Hussein Kazem Al Shamry²
¹Department of Private Law, University of Maysan, College of Law
²كليه القانون جامعة كربلاء
Abstract
Agency in establishing and dissolving the marital bond, a comparative study between Islamic law, Iraqi law and comparative Arab laws, in which a person other than the principal in the contract concludes the contract and all the effects of the contract are transferred to the principal, who is the principal party in the contract. This may be the principal in circumstances in which he cannot conclude the contract. Likewise, the husband may delegate another person to pronounce the divorce, so the agent divorces the wife on behalf of the husband. This is the subject of the dispute that occurred between Islamic jurisprudence and the Iraqi Personal Status Law. Sharia law permits the agency in divorce for the wife and for someone other than the wife to pronounce the divorce. As for the Iraqi Personal Status Law, it only permits the wife to pronounce the divorce through the agency of the husband. Islam permits the agency in establishing and dissolving the marital bond.
Keywords
Agency; Establishment of marital bond; Dissolution of marital bond; Islamic jurisprudence

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