Legal and practical problems of the difference in legislation in the federal state (polygamy in Iraq as a model)

Iraq is one of the countries whose laws are not enacted by a single legislative authority. Rather، there is a federal legislative authority that enacts laws، and in contrast، there is a legislative authority in the Kurdistan Region that enacts special laws that apply to the region and according to what is stated in the 2005 Constitution. Sometimes there may be a discrepancy and conflict between the legislations of one country، as is the case when the federal legislator addresses the issue of polygamy in a manner different from the treatment provided by the regional legislator. This highlights the legal and realistic problems resulting from this difference in terms of the extent of its legitimacy and its compatibility with the provisions of the constitution and Islamic law? And that the constitution treats Iraqis equally without discrimination. Through our study، we tried to review and analyze the legal texts، identify the defects contained therein، correct the legal gaps، and develop appropriate solutions to reorganize the issue of polygamy in light of Iraqi law in order to harmonize it with the constitutional rules and the tolerant Sharia. Keywords: Legal problems، factual problems، polygamy، legislative defects

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Publication Details

Journal
Journal of Legal and Political Studies
Published
2025-04-25
DOI
https://doi.org/10.17656/jlps.10314
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
0.00

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article

Legal and practical problems of the difference in legislation in the federal state (polygamy in Iraq as a model)

Ammar Ali shah Abdulhussein, Kadhim Hamdan Sadkhan
Journal of Legal and Political Studies
Islamic Studies and History
article

Legal and practical problems of the difference in legislation in the federal state (polygamy in Iraq as a model)

Ammar Ali shah Abdulhussein, Kadhim Hamdan Sadkhan
article en

Abstract

Iraq is one of the countries whose laws are not enacted by a single legislative authority. Rather، there is a federal legislative authority that enacts laws، and in contrast، there is a legislative authority in the Kurdistan Region that enacts special laws that apply to the region and according to what is stated in the 2005 Constitution. Sometimes there may be a discrepancy and conflict between the legislations of one country، as is the case when the federal legislator addresses the issue of polygamy in a manner different from the treatment provided by the regional legislator. This highlights the legal and realistic problems resulting from this difference in terms of the extent of its legitimacy and its compatibility with the provisions of the constitution and Islamic law? And that the constitution treats Iraqis equally without discrimination. Through our study، we tried to review and analyze the legal texts، identify the defects contained therein، correct the legal gaps، and develop appropriate solutions to reorganize the issue of polygamy in light of Iraqi law in order to harmonize it with the constitutional rules and the tolerant Sharia. Keywords: Legal problems، factual problems، polygamy، legislative defects

Journal of Legal and Political StudiesVol. 13(Special Issue 2025)
Iraqi University (IQ), Iraq University College (IQ)
Al-Nahrain University
Openalex Percentile: Top 88%
Islamic Studies and History
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