المركز القانوني للمرأة في الزواج المختلط

The legal status of women in mixed marriage Comparative Study

The rules of attribution related to marriage related to mixed marriage, starting
from the rules relating to the conclusion of the marriage contract, and its
implications, through the dissolution of the marital bond and its effects, and even
with regard to duties between parents, the woman’s side was not observed,
despite the marital bond It requires observing the principle of equality between
men and women, and this principle was enshrined in Islamic law, which took into
account the woman’s side in the marital bond, but rather made it in a privileged
position, and the stewardship was nothing but honor for women, as enshrined in
the Iraqi constitution and the international agreements that Iraq joined, so the
principle In the constitution on equality between men and women, nondiscrimination in their rights requires, in addition to the rules of support related to
mixed marriage as a result of its rigidity and impartiality, which are not able to
face the problems faced by women, during armed conflicts that cast a shadow on
women being the most party As a result of harm caused by foreign terrorist
groups against women, including forced marriage, rape, and unknown births, and
since the rules of attribution are legal rules, it is necessary that the development
of legal thought cast a shadow over them, as it is known that the legal rules
represent your As a basis for social reality in societies, and the reality and
development that takes place requires abandoning the traditional approach to
attribution rules, which are seen as deaf and indirect rules whose mission is to
guide the applicable law regardless of its fairness, and to consider it as material
legal rules that regulate societies, perform functions and goals, and that they are
rules Material is subject to constitutional control of laws, whenever they violate
the constitutional principle of equality between men and women, To reach this
goal requires a comparative approach through which we will focus on studying
the subject in comparative legislation belonging to different legal systems Roll,
we have made a comparison between American law and German and Iraqi law
as well as Islamic jurisprudence and the positions of legal jurisprudence and the
judiciary