The College of Law – University of Baghdad discussed a Master’s thesis entitled:
“Physical Separation and Its Effect on the Marriage Contract – A Comparative Study,”
submitted by the student Fatima Ibrahim Lafta in the Department of Private Law. The thesis defense took place on Tuesday, 17 February 2026, at the Conference Hall.
Examination Committee:
1.Prof. Dr. Adnan Ibrahim Abd – Chair
2.Assist. Prof. Dr. Harith Ibrahim Ali – Member
3.Assist. Prof. Dr. Nada Abdul-Kadhim Hussein – Member
4.Prof. Dr. Hamid Sultan Ali – Member and Supervisor
Aim of the Thesis
The thesis aimed to clarify the concept of physical separation, including its definition, characteristics, historical development, and the causes leading to it. It also examined its legal provisions and distinguished it from similar cases in Iraqi law and Islamic jurisprudence.
Structure of the Thesis
The thesis consisted of three chapters:
•Chapter One: Definition and concept of physical separation
•Chapter Two: Legal provisions of physical separation
•Chapter Three: Conflict of laws in matters of physical separation in private international relations
Recommendations of the Thesis
The thesis concluded with several important recommendations, including:
First:
Reconsidering paragraph (2) of Article (43) of the Iraqi Personal Status Law. The proposed amendment states:
A wife has the right to request judicial separation if the husband abandons her in two cases:
1.If the husband abandons his wife for one year or more without a legitimate excuse.
2.If the husband abandons his wife for three years or more even with a legitimate excuse, provided his residence is known and he has financial resources from which she can be supported.
In both cases, the wife has the right to bring the matter before the court to request separation.
Second:
Amending paragraph (5-A) of Article (25) of the Iraqi Personal Status Law with the following proposed wording:
A wife may request judicial separation after one year from the date a final judgment of disobedience (nushuz) becomes effective. The court shall grant separation if it considers it in the wife’s interest without causing harm to the husband. In such a case, the deferred dowry shall be forfeited; if the wife has already received the full dowry, she must return half of it.
Third:
It is recommended that the Iraqi Personal Status Law include a comprehensive legal definition of nushuz (marital disobedience) applicable to both spouses whenever either party seriously violates marital obligations.
