Marriage Lacking Capacity in the Personal Status Law"Comparative Study"

Abstract

Most Arab and foreign laws are included in their general rules to define a legal age that allows a person who has reached that age to marry whoever he wants, provided that the conditions complementing the marriage contract are fulfilled. However, there are exceptions to these rules, as these exceptions authorize marriage at another age less than what is required by the laws to take care of the public interest for those who have not reached the specified legal age or for an urgent need for a minor such as the insane and the imbecile, as the Iraqi legislator did in Article Eight of the Personal Status Law Iraqi No. (188) for the year (1959) and its amendments, and the required and legal conditions for this license. The legislator was not satisfied with the license, but went to reduce the legal age to the lowest cases of incompetence, as the age of puberty that the legislator specified in his legal legislation was lost, Like crazy and idiot.