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(Anti-violence is a National Duty)

10-12-2016

 (Anti-violence is a National Duty)

 On Saturday 10/12/2016, Tammuz organization for social development held a Seminar entitled (extrajudicial marriages, their causes and consequences) as a part of the 16 days campaign against gender-based violence for the period from 25 October 2016 to 10 January 2017. It was sponsored by Legal Clinics’ Network and took place in the camps of Amyriya-Fallujah. The seminar was attended by, like, 25 participants (men and women). Our colleague, the organization’s coordinator in Al-anbar governorate, Ali Ghazal, began with welcoming the Attendants, identified the organization of Tammuz and provided a brief summary of Legal clinic’s activities in Al-anbar governorate and the work and legal free services they achieve for the displaced families in the camps of Al-anbar governorate.

Our colleague Ali Ghazal, indicated the purpose of holding this seminar as well as its importance for the time being. Then, our colleague, the legal clinic’s lawyer, Abdul-karim Hammud Salim, began his lecture on Extrajudicial Marriage and emphasized the importance of having marriages concluded through the court for its legal consequences, the fact that husband and wife to enter into a marriage contract which is concluded by a cleric out the competent court and the cleric verifies the contract’s conditions and its ability to fulfill legal conditions and concludes the contract in accordance with religious teachings that are not a substitute for a judicial contract which shall be concluded in the court,
It is worth mentioning that (If an extrajudicial marriage contract does not fulfill the legal conditions and applied restrictions that enacted by non-religious legislators, it does not affect the validity of that marriage in terms of doctrine though legal effect could be applied on that marriage, punishment for instance)
Because an extra judicially  married person would not deliberately commit a legally prohibited act but marries without following the format and organization of the  steps outlined to him in legal terms that ensure the couples’ rights as well the family’s and the children’s in Future.
Through the seminar and interventions, it became clear that there were six extrajudicial marriage cases among the participants in this seminar.
And that due to the inadequate awareness and knowledge on laws and legislations in addition to what was emphasized by the lawyer, Abdul-karim Hammud, that having an extrajudicial contract does not mean the invalidity of the marriage because it affirms some legal rights Such as the pronunciation of acceptance and consent which makes the contract legal according to the four Islamic schools but everyone who is extra judicially   married shall have the contract certified in the formal courts  to prove the rights of two parties as well as the children’s
It is upon the certified contract the procedures of registration civil status and births are based.
We would like to indicate that tribal and social traditions have urged families to extrajudicial marriages for its easy procedures which do not exceed the presence of a cleric and marriage registrar, unlike the procedures required in official departments and courts which require legal and medical examinations that represents the best and the safest method to conclude a marriage contract and regulates the family in accordance with the right teachings.
Our colleague Abdul-karim hammud also affirmed the statics including a questionnaire by the Legal Clinics’ Network dedicated for extrajudicial marriages for 2014-2015 in nine Iraqi governorates and included 4265 samples, it turn out that there is almost
-34% extrajudicial marriage
-66% legal marriage
-46% of extrajudicial marriages were not registered up to the questionnaire time.
-54% of those marriages were registered later.
-22% of extrajudicial marriages, wives were under 14 years old
-78% marriages where wives were above 14 years old
The statistics came to identify the extent to which extrajudicial marriages could be absorbed and treated to ensure the rights of both parties.
At the end of the seminar, the attendants praised its importance and the precious information that had been clarified during it and asked the lecturers to hold more seminars; they also thanked our colleagues who work in the organization for introducing and holding such educational seminars in the camps of the displaced.
The Media Office of
Tammuz Organization for Social Development
10th of December ,2016

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