The unilateral will of one spouse to terminate the marriage contract by divorce - a comparative study

Mashkoor, Hassan Munther

doi:10.37651/aujlps.2025.166805.1679

	The unilateral will of one spouse to terminate the marriage contract by divorce - a comparative study
Journal of Anbar University for Law and Political Sciences
Article 31, Volume 16, Issue: 2, June 2026, Pages 753-767 PDF (644.03 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.166805.1679
Author
Hassan Munther Mashkoor^*
University of Iraq/College of Administration and Economics
Abstract
The topic under discussion concerns the issue of renewing the jurisprudential perspective on the study of marriage contract matters, in light of the validity and role of the spouses' will in terminating this contract. It has become clear to us that the marriage contract is almost a system into which the will intervenes, with it possessing certain powers that can modify some of the consequences of entering into this contractual system. Among the resulting consequences are the means by which this contract is concluded, the party entitled to it, the mechanism for terminating it, its timing, the possibility of retracting it, and the possibility of resuming the contract. We have concluded that the role and validity of the will are restricted in some of these matters in a way that nullifies its role, as in the issue of the woman's will in pronouncing divorce unless it is delegated. However, it is granted an intermediate role if it is delegated, in addition to the possibility of granting it an absolute role, as in the issue of delegation.
Keywords
role of will; divorce; delegation; power of attorney; termination of marriage contract

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