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Personal Status Law No.188 of Iraq (1959) – 2: Marriage

Section 1 – Forbidden Women & Marriage to Women Belonging to the People of the Book

Article 12

In order for the marriage to be sound, the woman must not be lawfully forbidden to the man who wants to marry her.

Article 13

Prohibition of marriage is divided into two parts: permanent and temporary. While permanent restrictions are kinship, affinity and breastfeeding kinship; temporary ones are marriage to more than four wives, adherence to a non-divine religion, divorce effected by three repudiations, the dependence of someone’s right on the marriage or iddat (the waiting period following a divorce), and the marriage to one of the
forbidden while being already married to another*.

*The text of article 13 was repealed and replaced by the current text by virtue of the first amendment law № 11 of the year 1963.

Article 14

1- A man is forbidden from marrying, amongst relatives, his mother and grandmother, however high; his daughter, his son’s daughter and his daughter’s daughter, however low. Forbidden to him as well are his sister, the daughter of his sister, and the daughter of his brother, however low; his paternal aunt and the aunt of his paternal ascendants, and his maternal aunt and the aunt of his maternal ascendants.

2- A woman is forbidden from marrying men from the same category of kinship mentioned above.

Article 15

A man is forbidden from marrying the step daughter born to the wife with whom his marriage was consummated; the mother of the wife with whom he has concluded a marriage; the wife of his ascendant, however high; and the wife of his descendent, however low.

Article 16

Every woman who is forbidden for marriage for reasons of kinship and affinity is also forbidden for breastfeeding kinship reasons, except for lawful exceptions.

Article 17

For a Muslim man, marriage is permissible with an individual who practices one of the religions of the Book, while a Muslim woman may not marry a non-Muslim man.

Article 18

The conversion of one of the spouses to Islam without the other follows the laws of the Shari’a in whether marriage should be maintained or the spouses should be separated.

Next: Chapter 3 – Matrimonial Rights and their Stipulations

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