The role of will in agreeing on non-financial matters in a marriage contract

Mashkoor, Hassan Munther

doi:10.63677/jqlap.2025.167325.1497

The role of will in agreeing on non-financial matters in a marriage contract

https://doi.org/10.63677/jqlap.2025.167325.1497

Volume 17, Issue: 1 part 2
Spring 2026

Pages 645-656

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Hassan Munther Mashkoor

University of Iraq/College of Administration and Economics

Abstract

The topic under discussion relates to renewing the jurisprudential perspective on some aspects of the marriage contract, specifically examining the role of will in agreeing on non-financial matters within this contract, starting with the issue of sexual intercourse and procreation and ending with the issue of division and housing. It has been shown that the marriage contract is close to being a system in which the will intervenes, with it possessing numerous powers through which it can modify some of the consequences of entering into it, including sexual intercourse, procreation, division, and housing. We have concluded that the will's authority is restricted in some matters to a degree that renders it incapable of any authority, such as the issue of agreeing that there will be no intercourse. However, it is given an intermediate role, as it can modify contractual effects, such as temporarily regulating the issue of procreation and sexual intercourse.