Shafaq News

Iraq has completed a significant amendment to its Personal Status Law (PSL) No. 188 of 1959 following the Iraqi Parliament’s vote on the “Sharia Code of Jaafari Jurisprudence,” a legal framework submitted by the Shiite Endowment Office.

The move, finalized after nearly seven months of parliamentary review, marks a significant shift in Iraq’s legal landscape regarding family law.

The revised law, which now incorporates the Jaafari code as an optional component, has drawn mixed reactions both domestically and internationally. Human Rights Watch criticized the changes, stating they represent “a rollback on equality and a threat to the rights of women and girls,” particularly in areas such as child custody, inheritance, and the minimum age for marriage.

A Parallel Legal Track

The new Jaafari code, comprising more than 300 articles, outlines personal status matters — including marriage, divorce, inheritance, alimony, custody, and wills — based on the principles of the Twelver Shiite (Imami) jurisprudence. According to legal experts, it serves as a parallel legal option, not a replacement, for the existing personal status framework.

Parliamentary Legal Committee member Arif al-Hamami explained to Shafaq News that the completion of this code effectively finalizes a long-awaited amendment to the PSL. He noted that individuals now have the choice to register their marital contracts under either the original or the new Jaafari code, emphasizing that "the contract governs the rights and obligations of the parties involved."

Al-Hamami added that even those married under the previous framework may request to transfer to the new one through legal channels, including for matters such as custody, suggesting a degree of procedural flexibility.

Feminists Oppose: Rights Concerns and Political Timing

The legal overhaul has sparked widespread concern among civil society activists and women's rights advocates.

Three prominent feminist activists told Shafaq News that the changes disproportionately undermine women’s rights and may serve political objectives ahead of Iraq’s parliamentary elections scheduled for November 11, 2025.

Alya al-Hathal, head of the Al-Ola Center for Development, described the amendments as a “blatant violation of women's rights,” asserting that they reflect political pressures rather than genuine social reform. “The current law strikes a better balance in safeguarding family unity,” she argued.

Al-Hathal also warned of diminished protections for children due to the ambiguous language surrounding the age of marriage, particularly the possibility of underage unions being justified through religious interpretations of “maturity.”

Sarah Jassim, a human rights defender, echoed these concerns, stating that the law “threatens family stability” by enabling child marriage and limiting mothers' custody rights to early childhood. Jassim believed the law sidelines women’s roles in child development and called for a “participatory legal dialogue” that includes civil society and avoids using legal reform as an election platform.

Ansam Salman, head of the Isen Organization for Human Rights, highlighted specific clauses that drew public ire: the enforced guardianship of fathers over daughters regardless of age, the automatic transfer of guardianship to husbands after marriage, and the restriction of maternal custody to children under seven. “The husband can even shift the marriage contract to the Jaafari code without the wife’s consent,” she added.

Salman also criticized provisions that strip women of alimony and custody if they return to their family home due to marital conflict, extend the legal definition of "disobedience" (Nushuz) from two to seven years, and allow men to marry a second wife without the first wife’s consent. “All these elements raise serious concerns about legal inequality,” she stated.

Supporters: A Balanced Framework, Religious Legitimacy

Despite the backlash, supporters argue that the law provides long-overdue legal recognition to the Shiite Jaafari sect and offers a framework that reflects Iraq’s diverse religious fabric.

Activist Ruqayya Salman contended that the law offers broader protections for both women and men and can serve as a mechanism for reducing family disputes. “Religious and social authorities view these amendments as crucial for addressing real challenges like the rising divorce rates,” she explained.

Attorney and activist Saja al-Amiri agreed, emphasizing that the revised law aims to preserve family cohesion and ensure equal rights across genders. “Completing the Jaafari code is a necessary step to protect social stability,” she told Shafaq News.

Adding a theological perspective, Sheikh Noor al-Saadi told Shafaq News that the Jaafari code is rooted in "divine law" and aims to correct imbalances created by prior amendments influenced by the now-defunct Revolutionary Command Council. “The old law gave excessive rights to one party, often at the expense of the other,” he clarified.

Al-Saadi defended the law’s new custody rules, arguing that the previous system imposed inflexible custody terms that disadvantaged fathers. He emphasized that the Jaafari code is optional and was unfairly misrepresented in public discourse: “Many of the allegations made against it are false and politically motivated.”

Implications: Legal Pluralism or Fragmentation?

As Iraq moves toward a pluralistic personal status legal system, questions remain over its practical implementation and long-term societal impact. While supporters believe the optional nature of the Jaafari code accommodates religious diversity, critics fear it will entrench legal inequality and fragment the judicial system along sectarian lines.

The tension between religious identity and civil rights remains unresolved, and the November 2025 elections could further politicize the debate. Whether the new law enhances legal choice or deepens divisions will likely depend on how Iraqi courts, legislators, and civil society navigate the coming months.

Written and edited by Shafaq News staff.