Marital Discords and Treatment Methods in Islamic Jurisprudence and Iraqi Law

Abstract

Marital life is a human community that is formed by the combination of man and woman and then grows with the presence of children, therefore interests are intertwined and duties are divided in it, and tendencies, interests, desires and view on life will be different. These issues lead to the conflict between some interests, the creation of different views, and the inability to distinguish what is in the person's interest and what is against the person. The expectation of married life is free of wrong problems and far from reality. Marital life is the participation of two people in life under one roof despite many differences in taste, opinion and thought. Therefore, the requirement of married life is that couples understand this issue and respect the taste and opinion of the other party. They should also know that differences between couples differ in intensity, strength and nature from one family to another, and the methods of resolving differences and the role of each of its members and their contribution in solving of discords is different and it is affected by several variables, the most important of which are: the nature of the relationship between the spouses, the level of their education, the level of involvement of relatives in marital affairs, and the level and type of problems.

Marital life will not be on the right path except by solving the problems that disrupt marital relations and the most important ways and factors for solving marital problems and disputes should be presented because the vast majority of these disputes can be solved easily and it is accessible, provided that the intention of the spouses is sincere for God and following the Sharia and rejecting lusts that hinder the right. And this can only be achieved with the firm desire of each of them to achieve stability and extinguish the fire of sedition that has arisen between them for some reasons. On this basis, Islamic Sharia is the main source of most of the articles of the personal status law, the personal status law has not explained more about disputes. As stated in clause (2) of article (1): (If there is no legislative text that can be implemented and applied, it will be implemented and administered based on the standards of Islamic Sharia, which is compatible with the provisions of the law). Because Iraq did not witness a unified personal status law until the issuance of the Iraqi personal status law No. (188) in 1959, which unified the personal status of Muslims in one law. Disputes that are intended to be resolved are related to spouses and not related to other matters, other disputes have their own ways and methods that help to resolve them. The legitimate purpose of adopting these methods and going through these steps is to resolve disputes and end them to achieve stability in the family or to separate them with kindness.