Iraqi politician calls for Sunni Scholars to draft Personal Status Law amendments
Shafaq News/ On Thursday, Atheel al-Nujaifi, a leader in the Mutahidun party, urged Sunni religious scholars to prepare a code for amending the Personal Status Law (PSL) in accordance with the jurisprudential rulings of the Sunni and Jama'a sect.
"I call upon Sunni religious scholars and experts in personal status law to discuss what should be included in the Sharia rulings code on personal status issues, which will be tasked with drafting following the approval of the Personal Status Law amendment," al-Nujaifi said in a post on Facebook.
"We all know that it (PSL) will proceed. Therefore, the focus must be on presenting the Law respectably and seriously, aligning with Sunni jurisprudence and the nature of the current era."
The proposed amendment to the Personal Status Law has sparked widespread debate within Iraqi society, with both supporters and opponents voicing their opinions. The Iraqi government has decided to review all comments raised about the amendment through the "Supreme Council for Women's Affairs."
The Personal Status Law, enacted in 1959 under Prime Minister Abdul Karim Qasim, currently applies to all Iraqis without sectarian distinction. However, the proposed amendments include a provision allowing Iraqis to choose whether Shia or Sunni laws will govern their personal status matters at the time of marriage. Those who have not previously selected a specific sect's laws can request a personal status court to apply their chosen sect's religious laws, with the court required to comply.
The draft law also stipulates that if parties in a family case disagree on the applicable legal source, the religious opinion will prevail.
It further mandates that the Shia and Sunni Endowment Councils, in coordination with the State Council, draft a code of religious rulings on personal status issues and submit it to the Parliament for approval within six months of the Law's enactment.
Additionally, the amendment requires personal status courts to validate marriage contracts performed by Muslims before individuals authorized by religious or legal authorities, ensuring all contract elements and conditions are met.
Shia voices within the "Coordination Framework" believe the amendments align with the federal constitution and address many family-related issues. However, civil society activists and other political parties criticize the amendments since this Law is "best in the region."
Opponents argue that the amendment permits child marriage and deprives wives of maintenance and custody rights, in addition to relying on religious texts from various sects and denominations in Iraq as a basis for rulings instead of the existing laws.
