The Role of the State in Organizing Family Relations A Comparative Study Between Iraq and Iran

Basically, the issue of individuals’ rights to form a family, both men and women, is determined. In fact, according to these rights, men and women have the right to form a family between themselves in the form of a contract, and each member of the family has certain rights. The agreement also focuses on giving women the opportunity and full right to choose a husband away from pressures that restrict or reduce their freedom. And when Iraq ratified this convention under Law No. 66 of 1986, like any other Islamic country, it made two clauses conditional on the second and ninth articles on the freedom of a woman to marry any man, regardless of the man’s religion. Is. The reason for this precaution is that the marriage of a woman with a non-Muslim is in conflict with the glorious standards of Islam, and the permission of a non-Muslim man to marry a Muslim woman means the guardianship of a non-Muslim man over her, which may change her religion or give birth to non-Muslim children. It is not consistent with the text of the Qur’an where it says: ﴾and Allah will never provide the faithless any way [to prevail] over the faithful. ﴿.Clause (9) of the treaty also provided for conditions and conditions for granting maternity citizenship to their children, but the current Iraqi Citizenship Law No. 26 of 2006 removed these conditions and stated in Article (3) of this law (everyone Born to an Iraqi parent is considered Iraqi.) The right to form a family is guaranteed under Iraqi law by the constitution, which the people voted for in 2005, and is recognized as the supreme law of the country; Article 29 of the Constitution states: “The family is the basis of society and the government preserves the foundation of the family and its religious, moral and national values. B. The government guarantees the protection of motherhood, childhood and old age and provides suitable conditions for the development of their talents and abilities. It should be noted that the Iraqi legislature has succeeded in defining marriage in the Personal Status Law No. 188 of 1959, where it states in Article 1: It is for cohabitation and childbearing.) Birth and childbearing are not only the result of marriage but also a complementary right to family. International conventions also pay special attention to the issue of the family. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), paragraph (2) of Article (4), emphasizes that special measures taken by States Parties to protect mothers It is not discriminatory, meaning that any action taken in support of the mother is not prohibited. What has been said is a positive point because showing the importance of motherhood and supporting it is a lofty and worthy goal. It should be emphasized and strived for its success and raised single girls according to its principles to lead to the success of family in the future. And be an incentive for women to marry and have children.