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Personal Status Law No. 188 of Iraq (1959) – General Provisions

Law (188) of the year 1959

Personal Status Law*  and amendments

*.Law  (188) of the year 1959 was published in the Iraqi official gazette (Alwaqai Aliraqiya), issue № 280 dated December 30, 1959.In the name of the people,

 

The Sovereignty Council,

Following the reading of the Temporary Constitution and according to what was proposed by the Minister of Justice and agreed upon by the Cabinet,

The following law was approved:

General provisions

Article 1

1- The legislative texts in this law apply to all the issues discussed in these texts in letter and spirit.

2- If there is no applicable legislative text, the judgment shall be adjudicated in accordance with the Islamic Shari’a principles that are most relevant to this law.

3- Courts find guidance in all of this in the stipulations adopted by the judiciary and the Islamic jurisprudence (Fiqh) in Iraq and other Islamic countries where laws are close to Iraqi ones.

Article 2

1- The provisions of this law apply to all Iraqis except for those who are exempted by virtue of a special law.

2- In case of a conflict between laws due to location, the provisions of articles 19, 20, 21, 22, 23 and 24 of the Iraqi Civil Code shall be applied.

Next: Chapter 1 – Marriage

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