Best Family Lawyers in Baghdad

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SAEF ADDEN ALMALIKI Law Firm

SAEF ADDEN ALMALIKI Law Firm

Baghdad, Iraq

Founded in 2017
5 people in their team
مكتب محاماة يمتاز بكادر متخصص بجميع جارءالدعاوى المدنية والجزائية والأحوال...
Arabic
English

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About Family Law in Baghdad, Iraq

Family law in Baghdad, Iraq, largely adheres to the principles of Islamic Sharia Law, that deals with crucial matters such as marriage, divorce, custody, alimony, and inheritance. These regulations are culturally specific and may vary to those in other countries, making it essential to seek local legal advice for any related issues.

Why You May Need a Lawyer

Acquiring the services of a lawyer can be invaluable in dealing with family-related legal disputes or concerns. Some of the most common situations you might need a lawyer include divorce proceedings, alimony or child support cases, domestic abuse cases, adoption processes, and in disputes concerning inheritance or property rights. Additionally, lawyers can also provide preventive advice to avoid future problems.

Local Laws Overview

Local laws in Baghdad include special considerations under Islamic Law. For instance, during divorce, custody usually belongs to the mother until the children reach a certain age (7 for boys and 9 for girls). However, mothers may lose custody if they remarry. Also, matters of inheritance and wills are governed rigidly, with predetermined fractions allocated to specific members of the deceased's family. Laws here also allow polygamy, with up to four wives provided fair treatment for each can be guaranteed.

Frequently Asked Questions

Q: Can a father legally take his children out of the country without the mother's permission?

A: No, removing children from the country without the other parent's consent can be considered abduction under international law.

Q: What is the procedure for divorce in Baghdad?

A: Divorce in Baghdad follows the traditional Islamic laws, either consensual (khul') or non-consensual (talaq). The specific steps should be discussed with a legal professional for clarity and guidance.

Q: Can women initiate a divorce?

A: Yes, women can initiate a divorce, known as Khula, but the process may be more complex, especially with matters related to property division and alimony.

Q: How are property rights handled in the event of divorce?

A: Generally, each spouse keeps whatever property they brought into the marriage. Shared property or the marital home is usually negotiated or may need to be sold, depending on the situation.

Q: In cases of inheritance, do males receive more than females?

A: Under Islamic law, male relatives are generally entitled to receive twice the inheritance of females. This can vary based on specific family circumstances and the composition of the estate.

Additional Resources

Resources that can be helpful in understanding and navigating family law issues in Baghdad include the Iraqi Constitution, local legal texts, and guidelines on Sharia Islamic Law. Various NGOs provide resources on human rights including Kurdistan Women's Network, AMAR Iraq Foundation, and Baghdadi Women Association.

Next Steps

If you require legal assistance, reach out to a local family attorney who understands the particularities of Baghdad family law. He or she can advise on your specific legal circumstances, explain your rights, represent you in court if necessary, and guide you through the legal processes involved.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.