Responsibility for missing the opportunity to get married (Comparative analytical study Between Law and Islamic Fiqh)

Abstract

The subject of missing the opportunity is one of the topics that raised a deep jurisprudential controversy, provoked discussion, where it is assumed from the missed opportunity that the victim was seeking to achieve a common benefit between him and his partner in marriage, and was counting on an opportunity to make what he dreams of a reality if things go on their natural course, but the defendant by his mistake squanders this opportunity and deprives him of it, so the study seeks to show the extent to which it is possible to make the missed opportunity a basis for responsibility and compensation for the damage that the right The victim is affected by the loss of the opportunity to marry him, and to indicate the lack and defect in both the Iraqi Civil Code in force and the Iraqi Personal Status Law, and compare them with Islamic jurisprudence, and then propose appropriate solutions to the deficiency and defect found of them.