Crimes arising from the marriage contract

The marriage contract regulates the relationship between the spouses, and it determines their rights and obligations. Some actions committed by one spouse that affect the rights of the other spouse are considered a crime, as they violate the texts that regulate the marriage contract. On this basis, the marital relationship is considered a formative element for the crime to occur in many crimes arising from the marriage contract, These crimes include the crime of contracting a marriage outside the court, and the crime of polygamy without permission. This type of crime assumes the existence of a valid marriage contract in accordance with Sharia and the law, and without it the crime is not committed. We divide the study plan into an introduction, two sections, and a conclusion. In the first section, we explain the crime of polygamy without permission. We will divide this section into two branches. In the first, we will explain the definition of this crime and its legal basis, and we will devote the second to its elements and punishment. In the second section, we will discuss the crime of contracting a marriage outside the court, with two branches. In the first, we will explain the definition of this crime and its legal basis, and we will devote the second to its elements and punishment.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-06-01
DOI
https://doi.org/10.63677/jqlap.2025.187837
Primary Topic
Gender and Women's Rights
Type
article
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article

Crimes arising from the marriage contract

Auday Hadi, Zainab Hassan
AL-Qadisiya Journal For Law and Political Sciences
Gender and Women's Rights
article

Crimes arising from the marriage contract

Auday Hadi, Zainab Hassan
article en

Abstract

The marriage contract regulates the relationship between the spouses, and it determines their rights and obligations. Some actions committed by one spouse that affect the rights of the other spouse are considered a crime, as they violate the texts that regulate the marriage contract. On this basis, the marital relationship is considered a formative element for the crime to occur in many crimes arising from the marriage contract, These crimes include the crime of contracting a marriage outside the court, and the crime of polygamy without permission. This type of crime assumes the existence of a valid marriage contract in accordance with Sharia and the law, and without it the crime is not committed. We divide the study plan into an introduction, two sections, and a conclusion. In the first section, we explain the crime of polygamy without permission. We will divide this section into two branches. In the first, we will explain the definition of this crime and its legal basis, and we will devote the second to its elements and punishment. In the second section, we will discuss the crime of contracting a marriage outside the court, with two branches. In the first, we will explain the definition of this crime and its legal basis, and we will devote the second to its elements and punishment.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 1 part 2 / 2)
University of Al-Qadisiyah (IQ)
Gender equality
Openalex Percentile: Top 7%
Gender and Women's Rights
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Crimes arising from the marriage contract — Auday Hadi, Zainab Hassan · AL-Qadisiya Journal For Law and Political Sciences (2025) | TGRS Research Map | TGRS