The dissolution of the marriage contract and it is a study in Imami jurisprudence، Hanafi jurisprudence and Iraqi law

The dissolution of marriage in Imamiyeh  and Hanafi jurisprudence and Iraqi law is one of the important issues in Islamic and legal studies. Lawful  marriage is a sacred contract between a man and a woman, and is one of the most important contracts approved by Sharia law and Iraqi law, and it is carefully regulated due to its direct effect on family life. Sometimes, an event may happen between the parties that causes the dissolution of this contract (by either divorce or loss of one of the parties) and may have financial or non-financial consequences, and all this is due to the termination of the contract between the two parties of the marital relationship. The study has aimed to investigate and explain this important aspect of life in order to determine the most important aspects and conditions indicating the formation of a family and society for professors, and this study presents the important definitions of this issue by explaining the reasons that lead to the dissolution of a marriage contract. Divorce is one of the reasons for terminating the marriage contract. Other factors are rescission, renunciation, Zihar (literally means “you are, to me, like my mother”), cursing. Due to the importance of the marriage contract, this law is an important  one among all the laws, especially the personal law that deals with the contract, and since the conclusion of a contract between the parties, it has  consequences and commitments. Through a comparative study, the researcher explains the jurisprudential and legal dimensions and consequences of the marriage contract, as well as the definition of the relationship between the couple (man and woman) with the details of the effects of the dissolution of the marriage contract due to divorce,… and the financial and non-financial consequences of that dissolution. Therefore, the researcher compares between Imamiyeh jurisprudence, Hanafi jurisprudence and Iraqi law, and presents the drafting of a marriage contract between Sharia and law and the explanation of jurisprudence. This important issue was thoroughly investigated from all aspects, and it is noteworthy that this study emphasized the reasons for the dissolution of marriage and its consequences. Also, the conditions of marriage dissolution and its compliance with jurisprudence and law were examined. The researcher emphasized on the comparative aspect as a basis for explaining the sources of adjustment of dissolution of marriage with the authors  of Imamiyyah and Hanafi jurisprudence and Iraqi law, and through a descriptive approach ,the researcher  achieved important results such as rescission, Zihar, renunciation which according to Imamiyyah and Hanafi jurisprudence are permanent divorce. But Khole(divorce granted at the a woman’s request ) is a unique system that God has established for women, and it is the woman’s right to terminate the marriage if there are reasons that lead to the dissolution  of the marriage. Therefore, this study tries to help the jurisprudence school by providing a suitable solution on the foundations of Islamic Shari’ah, whether from the Imamiyyah or Hanafi school, and the legal provisions of Iraq.