PERSONAL STATUS LAW NO. 188 OF 1959 AND IMAMI THOUGHT: EXPLORING PROVISIONS FOR WOMEN’S RIGHT TO DIVORCE IN IRAQ

Abstract

The husband has the right to divorce his wife as long as he is qualified to effect the divorce, and it is natural that whoever has a right has the right to delegate it. The husband may delegate to his wife the divorce herself, so this is called delegation. Delegation can either be an agency or a mandate.  Power of attorney is what authorizes others to do certain actions, and power of attorney is that the husband has the right to divorce his wife.  We found that the Iraqi legislator in Personal Status Law No. 188 of 1959 In Article 34, two matters are mentioned in which the wife can lift the marital bond: power of attorney and delegation. Since the subject of our research is compared with the Imami jurisprudence, we find that they differed in the two matters, as some of them hold that power of attorney is permissible in the present and absent, and there are those who say in the absent rather than the present. The same applies to authorization of whether or not to impose a ruling. We reached a conclusion in which we stated the most important results and recommendations derived from this research