دادكاری و ئاسەوارە شەرعی ویاساییەكانی زۆرلێکردن لە گرێبەستى هاوسەرگیریدا

Abstract

Abstract

The presence of pressure in the marriage contract negatively affects the path of justice and leaves repercussions, even the contract itself will deem invalid when the "consent" factor is missing, or incorrect religiously when the consent is under question, and ultimately; the contract will be legally considered as null.

Within the scope of this study, we are highlighting justice and effects of the pressure factor in the marriage contracts in the context of religious and legal texts, along with the legality of courts in this respect. We noticed during this study that the legal texts regulating this subject are scattered amongst the Iraqi civil law, the civil status law and the domestic anti-violence law in the Kurdistan Region. Accordingly; we have tried in this study to collect and legally analyze such texts in order to at least highlight the shortcomings of the said legal texts and to determine the obstacles hindering such texts. Meanwhile; we have tried to provide solutions as well as recommendations for such legal texts so as to amend those laws by legislators, especially such laws related to courts and its effects, such as the termination of the contract or the licensing of the same, and the method applied in compensating the damaging party if pressure suffers damages upon such party, as well as regulating imprisonment sentences against the abusive, as legal punishments for this abusive phenomena.