A comment on the legal text of Article 91, Paragraph (2) of the Iraqi Personal Status Law No. (188) of 1959 and its amendments

Abstract

AbstractThe legal text of Article 91, Paragraph (2) of the Iraqi Personal Status Law No. (188) of 1959 and its amendments addresses the significance of obligatory duties in the realm of jurisprudence. It emphasizes the vital role these duties play in determining inheritance, as reflected in both divine scriptures and man-made laws. However, it critiques the divergence between the Iraqi Personal Status Law and Islamic Sharia regarding the daughter's inheritance, highlighting discrepancies with the Holy Qur'an and various jurisprudential traditions. The argument asserts that the law disproportionately favors daughters, potentially excluding other heirs and neglecting the financial realities of those who leave behind daughters. This discrepancy not only impacts inheritance distribution but also limits the ability of relatives to support and claim rights, as the focus remains on non-existent inheritance due to legal constraints. The abstract opens with a traditional invocation and sets the tone for a more refined discussion of the legal intricacies and criticisms surrounding Article 91, Paragraph (2).