Iraq witnessing an increase of polygamy out of court and five years in prison waiting violators

that give the man the right to have another wife , noted the possibility of a wife submitting a lawsuit to seek a separation in marriage without the permission of the court case.

A report of the judiciary, reported for "Shafaq News" from “the personal status judge , Mejbel Hussein his emphasis on increasing cases of polygamous recently against the law, pointing out that the man resorted to marry another wife outside the court to give permission for a second marriage in accordance with the contract organized by the religion man.

Hussein added that the Iraqi Personal Status Law systems has organized the issue of polygamy that stipulated not to marry more than one woman without the permission of the judge and in accordance with the law, which requires checking conditions before giving permission to marry.

He pointed out that the first condition is that the husband must have financial ability to support more than one wife and to create the necessary living requirements that proves this requirement by providing property and resources to prove financial sufficiently, explaining that the second condition is to provide a legitimate interest as reproduction whether the First wife was sterile and any interest that the judge sees in the second marriage as legitimate.

Under the Iraqi Personal Status Law (if there is fear of lack of justice between wives , pluralism may not be allowed and leave the estimate to the judge).

He added that the judge concludes justice between wives and equality in matters of life and physical phenomenon as expense sating with her overnight and others through social research report and the opinion of the public prosecutor and the statements of the parties and witnesses.

However, if it is proved that the husband cannot achieve justice, the judge refuses to give permission to marry again, indicating that (love) is not related to the judge.

About the reason or cause of the development of these conditions in the second marriage , judge Hussain said to prevent the way to the ignorant to marry again and bragging who make polygamy as a mean for fun and pleasure, contrary to what came by Islamic law, stressing that the polygamy proceeded to a good cause which is worshiping through supporting widows , divorcees and spinsters by marry them and support them.

On the penalty for those who will marry again without the permission of the court , another judge ,Ahmad Kathem al-Esami said, according to the report , the law imposes a penalty on each marriage that takes place outside the court up to imprisonment for one year or impose a fine and imprisonment for up to five years.

Esami , a judge in Baya court said that "if a man to marry married without the permission of the competent court, the first wife has the right to ask for a separation or file a lawsuit on the husband and may be punishable by imprisonment for up to one year or a fine."

He noted that giving permission for polygamy does not require the consent of the first wife of the conditions stipulated by the law are available.

It is worth mentioning that the law excluded marrying a widow without the permission of the court where the legislator considered marrying a widow as a kind of legitimate interest, as the law relieved the husband from returning his ex-wife to him after he married a second wife.