Assistant Professor, Department of Jurisprudence and Law, Islamic Azad University- Isfahan Branch (Khorasgan), Isfahan, Iran.
Abstract
Modern contracts, as a legal tool, play an important role in mitigating gender inequalities in family law. This article examines the function of contractual conditions in the legal systems of Iran and Iraq using a descriptive-analytical method and a comparative and comparative approach. Contractual conditions in both legal systems, despite their roots in Imami and Hanafi jurisprudence, have been able to reduce gender inequalities to some extent. In Iran, Article 1119 of the Civil Code and in Iraq, Article 20 of the Personal Status Law (2019) are the most important legal bases for these conditions. However, obstacles such as resistance from traditional courts and women's lack of legal awareness have limited the full implementation of these capacities. The findings show that although both countries are influenced by Imami jurisprudence, they have adopted different approaches to utilizing this legal capacity to improve the status of women.
naimi, T. (2025). Analyzing the Function of Modern Contracts in Improving the Legal Status of Women
(A Comparative Study of Contractual Conditions in Iran and Iraq). The quarterly journal of the modern jurisprudence of women and family, 6(1), 35-52.
MLA
tahere naimi. "Analyzing the Function of Modern Contracts in Improving the Legal Status of Women
(A Comparative Study of Contractual Conditions in Iran and Iraq)". The quarterly journal of the modern jurisprudence of women and family, 6, 1, 2025, 35-52.
HARVARD
naimi, T. (2025). 'Analyzing the Function of Modern Contracts in Improving the Legal Status of Women
(A Comparative Study of Contractual Conditions in Iran and Iraq)', The quarterly journal of the modern jurisprudence of women and family, 6(1), pp. 35-52.
VANCOUVER
naimi, T. Analyzing the Function of Modern Contracts in Improving the Legal Status of Women
(A Comparative Study of Contractual Conditions in Iran and Iraq). The quarterly journal of the modern jurisprudence of women and family, 2025; 6(1): 35-52.