Marriage in the Turkish civil law and Iraqi personal (Status law a comparative study according to the Hanafi School)

This study investigates in the comparison between marriage in the Turkish Civil law and the Iraqi Personal Status Law according to the Hanafi school in order to show the extent of a conflict and agree the marriage with both of them with Islamic sharia law.This study consists of three chapters, the first includes two sections, one of them on the emergence of civil marriage, and the legislative evolution of the Turkish Civil Law and the Iraqi Personal Status Law. The second section about the purposes of civil marriage and the purposes of marriage in the Iraqi Personal Status Law. The second chapter contains a speech about marriage introductions and related items in the first part of it, and the statement of rules and conditions of the marriage contract in the second part of it, while the third chapter involved three sections, The first deals with the taboos to marry in the Turkish and Iraqi laws, while the second deals with the conditions that have no impact on the marriage contract, but necessary to legitimize the marriage contract. The third part contains the talk about polygamy and adoptions are two issues which are linked to marriage and the family.Through this study show that the Turkish Civil Law, according to the Hanafi doctrine inconsistent with the provisions of Islamic Sharia law in several issues the most important is negligence of formula marriage contract, allowed to be witnesses to the marriage of two women or non-Muslims at the marriage of a Muslim, allow the brother to marry his sister from breast feeding, a ban on polygamy, allow Muslim girl to marry a non-Muslim, allow a Muslim man to marry a woman of no heavenly religion, In addition to the dowry is not required in the marriage contract, consider adoption prevents the marriage. Finally, make several absolute three hundred days. While we did not find a conflict with the provisions of Islamic Sharia law in the Iraqi Personal Status Law. Hence most of the articles came compatible with Islamic sharia law according to the Hanafi school. Key Words: Marriage, The Turkish Civil Law, Iraqi Personal Status Law, the Hanafi School