The Right of Marital Obedience in Sharia and the Amendments of Kurdistan Region Parliament

Abstract

The current research paper aims to examine the right of marital obedience from a Sharia and legal perspective. It reviews the position of Iraqi legislation and the legislation of the Kurdistan Region of Iraq on this right. The present study also investigates the recent amendments to the Iraqi Personal Status Law No. (188) of 1959, as amended and in force. The study addresses the problematic issue associated with marital obedience, particularly in light of the ongoing debate between Islamic jurisprudence and positive laws. As such, Sharia considerations overlap with legal texts regulating marital relations, raising questions about the compatibility of current legislation with Islamic jurisprudential principles and the impact of legal amendments, and the extent to which they achieve a balance between the rights of spouses and ensure justice between them. The study also sheds light on the forms of marital obedience within and outside of the marital relationship. Furthermore, the study evaluates the position of Iraqi and Kurdistan legislation on this right and the extent to which they respond to contemporary social and legal transformations. The study has utilized a descriptive analytical approach to review the various concepts associated with marital obedience, along with a comparative approach to compare and analyze the differences between legal texts before and after the amendment, and to indicate their impact on the marital relationship. The study also included a review of previous literature about the topic. Hence, the concept of marital obedience was addressed by defining and establishing it, manifesting the conditions behind the right of marital obedience. The study also addressed the forms of marital obedience within and outside the marital relationship, stating the position of legislation on the right of obedience, and clarifying the situations of both the Iraqi and Kurdistan Region legislation. Finally, the most prominent findings and recommendations were presented.