Civil and Political Rights

An educational workshop on registering foreign marriage contracts

Tammuz organization for social development held the seventh workshop on 15\5\2017, in Al-ta,ahki camp, Amyryatt Fallujah. The workshop was attended by 38 displaced persons (20 displaced women and 18 men). The workshop was attended by colleague Mohammed al-Salmani, who is in charge of the legal protection (UNHCR). The workshop was also attended by colleague Hakki Hussain, in which the colleague Ali Ghazal welcomed the audience and then Adel Ibrahim began his lecture on the registration of unregistered marriage contracts and noted the importance of registering marriage in court to guarantee the rights of spouses.

Due to displacement, many marriage cases were contracted by clerics only outside courts that often may have missed papers and unknown witnesses.

Where the couple may wrangle, which may oblige affected by this to file a claim to the court to prove the marriage and the related rights.

The Iraqi legislator has noticed that the unregistered contracts of marriage are confusing in personal status courts. So, the Personal Status Law was amended in No. 21 of 1978, which provided for a penal penalty for those who marry outside the court. The law defines marriage in article 3 (1) (marriage between a man and a woman which is lawful for him to establish a bond of cohabitation).

And how to ratify the external contract in court and as follows:

Submit an application for certification before the Personal Status Court.1-

2-Referral of both spouses to the court of inquiry and then to the court of misdemeanors if the date of marriage before amnesty 2008..

3-The court shall then impose a fine and transfer both spouses to the specialized personal court to ratify the marriage contract or to issue a new one.

And then discussion where was begun, the displaced Samira Khalid Hamid asked that she had married outside the court and then she was divorced and has one child who did not get his card of civil status issued yet, Adel answered that marriage registration procedures must be taken first and then a divorce petition should be submitted and after the divorce decision is issued, the child will be registered in the status department and he will get his card of civil status issued.

Also asked the displaced woman Ba sa’d Ali Hussein that she had married outside the court and did not ratify the marriage contract outside the court answered colleague Adel:

Bring the sample of the unregistered contract if it exist..1

2. Submit an application to the Personal Status Court to ratify an unregistered marriage contract.

.Attendance of the spouses with the required documents.3

At the end of the workshop, the attendees thanked the staff of the legal clinic for their attendance and for showing their interest. 50 distributors were also distributed to the attendees and within the camp.

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