Shafaq News/ Iraq’s Federal Supreme Court is likely to overturn, on Tuesday, a parliamentary session that approved three controversial laws, potentially forcing lawmakers to vote again.
"We are currently in the waiting hall of the Federal Supreme Court, awaiting the session that will decide on the lawsuits filed," Raed al-Maliki, a member of the parliamentary legal committee, told Shafaq News.
He explained that some appeals challenge the validity of the voting session and its procedures, while others dispute specific provisions within the laws that were passed.
"The court’s ruling today will be decisive. If it invalidates the session and its procedures, the three laws, the General Amnesty Law, the Personal Status Law, and the Property Restitution Law, will be sent back to parliament for another vote," Maliki said.
Last Tuesday, the Federal Supreme Court issued an injunction suspending the implementation of the three laws, a move that was met with strong opposition from Sunni political factions, while Kurdish parties expressed more limited objections.
A day later, Iraq’s Supreme Judicial Council ruled that laws enacted by parliament cannot be suspended before they are officially published. It recommended delaying any ruling on amendments to the Personal Status Law and the Property Restitution Law but emphasized that courts across the country must enforce the amended General Amnesty Law.
Despite the Federal Supreme Court’s objections, courts in several Iraqi provinces began implementing the revised amnesty law on Thursday, following instructions from the Supreme Judicial Council.
The Three Controversial Laws
On January 21st, Iraq’s parliament passed three contentious laws: amendments to the General Amnesty Law, changes to the Personal Status Law, and a property restitution law affecting Kirkuk. Each law has sparked intense debate among Iraq’s political and ethnic groups.
The General Amnesty Law seeks to pardon individuals convicted of various offenses, including those related to terrorism and corruption. Sunni political factions argue that it addresses judicial injustices and could lead to the release of thousands of Sunni detainees who they claim were unfairly imprisoned. Sunni lawmaker Raad al-Dahlaki emphasized, "This law will not lead to the immediate release of prisoners. We, the Sunni bloc in parliament, demanded the retrial and review of all the prisoners' investigations, and the courts will decide their fate." However, critics fear it might enable the release of individuals involved in serious crimes.
The amendments to the Personal Status Law grant Islamic courts greater authority over family matters, including marriage, divorce, and inheritance. Activists argue this undermines Iraq's 1959 Personal Status Law, which unified family law and provided safeguards for women. Intisar al-Mayali, a human rights activist and member of the Iraqi Women's League, warned that the amendments "will leave disastrous effects on the rights of women and girls." Shiite lawmakers, however, defend the changes as a way to align personal status laws with Islamic principles and respect religious diversity.
The Property Restitution Law aims to return lands confiscated under Saddam Hussein's regime to their original owners, primarily benefiting Kurdish and Turkmen communities. Kurdish parties strongly support the law, seeing it as a long-overdue correction of historical injustices. However, some Arab groups oppose it, fearing the displacement of current Arab residents and potential demographic shifts, particularly in Kirkuk.