The Reasons of the Illegality of the Judicial Separation in Current Imami Jurisprudence

Abstract

If we review the recently published judicial aggregates in Iraq, we will find the growing phenomenon of judicial separation between spouses, which is carried out by the judge of the Personal Status Court, without the consent of the husband, although the origin in ending the marital relationship, be through divorce by the husband.

The current Imami jurisprudence considered the judicial separation in the Personal Status Court is a false and illegitimate dispensation, due to several reasons, which can be divided into two parts, concerns the lack of legal conditions in the judge and the illegality of the legal reasons on which the judge of the Personal Status Court is based.

As a result of the serious effects on the family entity, due to the illegality of the judicial separation, according to current Imami jurisprudence, the research recommends to end the double legal systems in Iraq, from Western law and Islamic Sharia.