Risalat al-huquq Journal

Electronic divorce is a modern form of the termination of the marital relationship, and this type of divorce is characterized by the mediator in which it is located, which is the electronic mediator, but despite its modernity, the formula of its procedure does not depart from the stable formulas known in the rhythm of divorce, it occurs either verbally or in writing. , It is striking that the Iraqi legislator did not provide a regulation or reference to the definition or judgment of electronic divorce and the extent of the legality of its occurrence, which creates legal problems that naturally affect the rule of invocation of it. Because of the lack of regulation of electronic divorce in Iraqi law, it is necessary for us to follow the analytical approach, the general rules in the personal status law and the electronic signature law and electronic transactions on the one hand, and to rely on the position of Islamic jurisprudence as a direct source governing personal status issues when there is no text in the issue presented.