Penal responsibility arising from marriage in violation of the law in the Iraqi personal status law

Abstract

This research tackles the issue of criminal liability arising from the conclusion of a marriage contract. It emphasizes the circumstances under which this liability is invoked, identifies the individuals subjected to punishment, and the penalties prescribed for each scenario, considering it is a matter of public concern to the entire society. In fact, marriage, as a societal cornerstone, builds and enhances the family structure upon which society is formed, and any defects in the conclusion of a marriage contract will have a negative impact on society and its fabric, which is intended to be preserved by imposing punishment on those responsible of such illegal marriages. Therefore, the problem of this research reflects in the fact that despite the crucial importance of the criminal liability subject, Iraqi law has an issue of insufficient penal provisions, and the law doesn't cover all instances where violations occur; there are potential circumstances under which individual can evade punishment despite their direct responsibility for transgressing relevant legal provisions; this is particularly evident in the case of forced marriages. Therefore, this research aims to uncover all instances where forced marriage occurs, identify those responsible for initiating it, and outline the penalties prescribed for each party. It also seeks to examine criminal liability in the case of polygamy, using a comparative analytical approach. In this research, the researcher concluded that the Iraqi legislator stands out among comparative laws by differentiating between cases of sexual consummation and non-consummation in the event of a forced marriage. One of the most significant recommendations we put forward is that the Iraqi legislator should increase the penalties for marriages that take place in violation of the law.