موانع الزواج العرفية (النهوة العشائرية انموذجا للتعسف)

فقه واصوله

Abstract

Marriage is the basis of social and family life. Marital life, i.e. from the two parties, and it expresses the harm and abuse of their rights and these impediments, either from the wife herself or from the husband himself, or from relatives, or the foreigner. This is what is expressed by the (tribal pride) of relatives, cousins ​​and brothers, which prevents the wife’s betrothal from being equal to him, and this is what generates the issue of spinsterhood in the girl, and the lack of marriage by young people. This is a specific arbitrariness, and in social and clan custom, we find many arbitrary methods that cause harm to the spouses or abuse their rights, young people and women. The tribal tradition is a common and inherited custom in the societies ruled by the tribe, and that this custom is one of the backward traditions, and it contradicts the teachings of our true religion, and this is due to the lack of awareness among the members of the clan or the society in which this custom prevails. In marriage, Sharia confirmed this prohibition, and the law also fought this tribal custom, and it stated in more than one legal article to prevent this phenomenon, as it came in Article ninth of the Iraqi Personal Status Law.