A Comparative Study of Methods for Inferring the Objectives of Marriage in Imami Jurisprudence and Iraqi Positive Law

Abstract

Marriage in Imami jurisprudence and the Islamic legal system of Iraq, as one of the most important social and religious institutions, has a profound impact on individual and social relationships. The objectives of Sharia (maqāṣid al-sharīʿa), as the general purposes of Islam, play a fundamental role in determining the legal rulings of marriage. While these objectives emphasize the preservation of lineage, the provision of tranquility, and the establishment of a healthy relationship between spouses, adapting them to contemporary social and legal transformations—particularly in Iraqi society—has generated numerous challenges. Accordingly, the present study examines the influence of the objectives of Sharia on the formulation of marriage rulings and their implications for family law in Iraq. The aim of this study is to investigate how the objectives of Sharia affect the legal rulings of marriage in Imami jurisprudence and Iraqi family law. In addition, the study analyzes the existing challenges and potential solutions for aligning these objectives with contemporary legal and social developments. This research employs an analytical–comparative methodology. To analyze the impact of the objectives of Sharia on marriage rulings in Iraq, jurisprudential, legal, and sociological sources have been utilized. Furthermore, a comparative analysis is conducted between the objectives of Sharia and Iraqi statutory law concerning family-related issues such as divorce, dowry (mahr), alimony (nafaqah), and polygyny. The findings indicate that the objectives of Sharia—particularly the preservation of lineage and the provision of psychological tranquility for spouses—are of paramount importance in determining marriage rulings. Nevertheless, significant challenges remain in reconciling these objectives with contemporary social and economic changes. Especially in matters concerning women’s rights, divorce, and polygyny, there is a pressing need for legal revision and harmonization with the individual and social requirements of modern society. Aligning the objectives of Sharia with emerging social and cultural needs necessitates both legal and jurisprudential reforms. Such reforms must simultaneously preserve religious principles and respond effectively to the individual and societal needs of Iraq and other Islamic countries.