Research 36 ILIC 2019

Abstract:  The Iraqi legislator, taking into consideration the opinion of some Islamic jurisprudence, regulating the obligatory commandment, but it’s legal regulation has some legal gaps, which led the Kurdistan legislature to amend the application of personal status law in the Kurdistan Region – Iraq, aimed at avoiding these legal gaps, but the amendment which was conducted by the Kurdistan legislator also did not free from the legal gaps, so the problem of this research was the inadequacy of the legal regulation of the obligatory commandment in Iraqi and Kurdish law, and then one of the objectives of the research was to shed light on the legal regulation of the obligatory commandment in the amended Iraqi personal status law and to propose legal solutions thereon, and among the most important conclusions of the research is the shortage of Iraqi and Kurdistan law to address the obligatory commandment, with some difference between them in terms of details. Therefore, one of the recommendations of the research was to amend the text of Article (74) of the amended Iraqi Personal Status Law No. (188) for the year 1959 and to propose a new legal text in order to remedy the legislative shortcomings in the mentioned law.
Key words: commandment, obligatory commandment, personal status law