زواج الصغير وطلاقه في الفقه الإسلامي وقانون الأحوال الشخصية العراقي (دراسة مقارنة)

The importance of this study comes from the fact that it addresses the most important issues of the Islamic society, it is the issue of child marriage and divorce, and its great impact on protecting the family from moral deviation and loss, and providing psychological and spiritual security for family members. The study aimed to know the judgements of child marriage and divorce in Islamic jurisprudence and Iraqi law, especially most of new jurists permitted the marriage of a young man or girl under puberty. The study also aimed to determine the legal age for marriage, as well as determining the punishment for legal violations in this matter in the Iraqi personal status law and methods of treatment. The researcher followed the descriptive, analytical and comparative approach between what came from the provisions of Sharia in the marriage and divorce of minors, and the effective Iraqi Personal Status Law No. 188 for the year (1959), and eliciting the appropriate opinion of custom, interest, and the spirit of Sharia, and one of the most important findings of the study. The validity of the minor's marriage contract with the consent of his guardian, whether he is discerning or not, according to Islamic law. Contrary to what came from the Iraqi legislator, who stipulated that the young person reach fifteen years of age, and that is only after the approval of the judge. As well as the agreement of the Sharia and the law on the age (eighteen) of age is the appropriate age for marriage. As for the divorce of a minor, it does not count as such according to the majority of scholars, unlike the Hanbalis, who said that the divorce of a discerning boy is valid. As for the issue of forcing a minor to marry or divorce, Sharia has forbidden it, and the Iraqi legislator has set a punishment for that as well. Keywords: Jurisprudence(Fiqh), Child Marriage, Child Divorce, Minor, Iraqi Law.