Differences between the types of common marriage contracts and their ruling in Islamic jurisprudence and Iraqi law

Abstract

Different types of common marriage contracts had been discussed in this research, I clarified the verdict in Islamic Sharia and Iraqi Personal Status Law, I divided the research into three topics and each topics had been divided into different inquiries. The first topics was introduction, had been devoted for pillars and conditions of legitimate the marriage contract, where pillars and conditions had been identified then showed the different between them, then focused on contract where identified it and showed the required of it.

          In the second topic discussed a number of common marriage contracts and showed verdict in Islamic Sharia and Law, these contracts are:

Customary marriage ,temporary marriage ,enjoyment marriage ,marriage in divorce structure, the secret marriage, and finally Analysis marriage.

          In the third topic I discussed the fundamental differences between a number of these contracts, including: the difference between a true marriage and temporary marriage, the difference temporary marriage and customary marriage, the difference between temporary marriage and enjoyment marriage, the difference between enjoyment marriage and marriage in divorce structure, then devoted an independent separate requirement to summarize the differences between all marriage contracts types which included in this study. It has been developed a research conclusion, which included the remainder of the contracts are common for other future researches, and I assure that a comprehensive topic is difficult to be confined in a single search.

Finally, it had been reported a number of findings during my research in the hope that would be a useful source to researchers in this field.