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The Distinction Between Invalidity and Irregularity in the Marriage Contract in Islamic Jurisprudence and the Impact of the Principle of Justice on Their Consequences (Extract) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 9, Volume 16, Issue: 2, June 2026, Pages 199-223 PDF (1 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.160233.1523 | ||
| Authors | ||
| Hemn Omer Mohammed Amin* ; Farouk Abdullah Karim | ||
| Sulaimani University / College of Law / Department of Law | ||
| Abstract | ||
| This research addresses the issue of the invalid marriage contract and the legal consequences that may arise from it, despite the general rule that an invalid contract produces no legal effects. In particular, it examines the extent to which the principle of justice influences the recognition of such effects. Undoubtedly, identifying the role of justice in these contracts necessitates first distinguishing between the two types of invalid contracts—void and voidable—as classified in the Hanafi school of Islamic jurisprudence, which is credited by some scholars with differentiating between these two forms specifically in the context of marriage contracts. Furthermore, this inquiry requires an analysis of how this distinction is reflected in Iraqi legislation. There is no doubt that Islamic jurisprudence recognizes certain legal consequences for invalid marriage contracts, and this reality must be reflected in personal status law, given that Islamic Sharia constitutes its historical, substantive, and formal source. However, investigating the rationale behind the attribution of such effects—whether in cases of void or voidable marriage—requires thorough scholarly analysis, especially considering that the majority of contemporary legal and jurisprudential studies either remain silent on the matter or address it only briefly. This is similarly the case with personal status laws, which have largely left this significant issue to the discretion of jurists and the judiciary. As a result, this has opened the door to inconsistent and divergent judicial rulings on similar matters, a situation that must be mitigated as much as possible. | ||
| Keywords | ||
| contract; marriage; invalidity; corruption; Hanafi | ||
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