About the Journal :
The Journal of Sharia Fundamentals for Specialized Researches is published quarterly, it is designed for whoever researcher seeking welfare that is based on knowledge. It seeks to provide a platform for the excellent researchers to present and consider the values and themes of various religious and social sciences acquired by learning and practice. It aimed at becoming a meeting point and channel for researchers to publish their innovative works, with regard to the interpretation of Islamic Sharia sciences and its regulations and the enhancing of social sciences to become adequate programs that serve the human and society in a significant and neutral way.
Our mission is to maintain the efforts of researchers and their innovative works in Islamic Sharia sciences known for its human civilizational value, through which we can spread awareness among people and ensure respect and strength of Islamic identity in different scientific, cultural, and social environments.
Therefore, this journal is designed to serve as a platform to identify the various religious and social dimensions of knowledge, such as considering the Holy Quran as the foremost and fundamental source of Islamic rules followed by the Sunah (biography of the Prophet Mohammed Peace and Blessings be Upon Him) that explains and clarifies the Holy Quran, along with its affiliated Sharia studies on the individual and society, such as studies concerned with Ijtihad which focuses on the studying of modern issues and finding solutions to them.
Almighty Allah (S.W) has legalized marriage and prescribed pillars and conditions to be adhered during marriage, Muslim jurists have agreed upon these laid Pillars and condition and differed in minor issues among them. The registration of marriage is not considered part of the marriage pillars and conditions. No single text and proof in the divine sources (Quran and Sunnah) and the secondary sources (Muslim census and Qiyas) reveals that marriage registration as a pillar and condition in the Muslim marriages. Due to customs and traditional changes and for the purpose of preserving the rights of both spouses from abuse, some contemporary Muslim jurists in the light of Ijtihad and the legal laws have legalized registration of marriage with responsible authorities. In recognizing the marriage contract, they have different opinions related to registered and unregistered marriages. Due to the increase marriages taking place outside the courts of Iraq and for the purpose of preserving the rights pertaining to marriages and avoiding any negative effects resulting from it, the Iraqi legislator has banned marriages outside Iraqi and provided some restrictions and legal conditions that must be adhering to complete the contract. In the case of breaching the contract, the husband is subject to financial or physical penalty as prescribed in the Iraqi law. However, despite of these restrictions and penalties imposed by the Iraqi legislation, still there is significant increment of marriages contracts outside Iraqi courts. The reason behind this is due to the Iraqi judiciary’s leniency in the penalties, by just imposing the financial penalty to the husband and neglecting the physical aspect of the penalty and restricting the registration of the marriage contract with the responsible authorities. This study will focus on comparing the opinions of Muslim jurists related to marriage contract with laws and judicial applications in the Iraqi courts to highlight and explain policy adopted by the Iraqi legislator in registering the marriage contract.