Exceptional Provisions in the Formation of Marriage Contracts in Iraqi Personal Status Law: A Comparative Study in Islamic Jurisprudence and Statutory Practice

The formation of marriage contracts lies at the heart of Islamic personal status law, a domain that profoundly shapes family life and social cohesion. While traditional jurisprudence delineates general principles governing marriage, divorce, guardianship, and related matters, it simultaneously accommodates exceptional rulings that respond to atypical cases, evolving circumstances, and the imperative of justice. This study undertakes a critical examination of exceptional legal provisions in the Iraqi Personal Status Law concerning the formation of marriage contracts. Adopting a comparative jurisprudential-legal methodology, the research explores specific cases such as marriage to a stepdaughter (rabībah), exceptions based on kinship through breastfeeding, guardianship in marital contracts, and coercion in matrimonial consent. Anchored in the Iraqi legal context, the study also engages in comparative analysis with other legal systems—most notably Egyptian personal status law—to assess points of convergence and divergence in both legal reasoning and societal application. Findings reveal significant discrepancies between Islamic jurisprudential discourse and codified law, particularly in areas where statutory silence persists despite rich juristic elaboration. The study advocates for thoughtful legislative reform that realigns the Iraqi legal framework with both the higher objectives of Sharia and the evolving needs of contemporary society. It further calls for renewed, collaborative ijtihād among jurists and legal scholars to address emerging personal status issues through interdisciplinary and contextually grounded approaches.